1. - Kalu @ Kaliya and Prabhu @ Prabhulal have preferred this appeal against their conviction under Section 302 read with 34 Indian Penal Code and sentenced to life imprisonment under judgment and order dated 28.11.2002 passed by learned Additional Sessions Judge (Fast Track), Dungarpur.

2. The prosecution case in brief is that on 27.6.2002 one Haja submitted a written report at police station Dhambola with assertion that his father Kalji aged 50 years went to Karawada on 26.6.2002 for getting "kos" sharpen. He did not return upto 10:00 AM of the next day, therefore, he made search during which Deva son of Dhula Rot informed that Kalji was coming in night while carrying iron "kos" in his hands. On making further search dead body of Kalji was found in the premises of Aanganwari school.

3. On basis of the first information report, a case was registered and after usual investigation accused appellants were charge sheeted, committed to the court of Sessions and tried. They pleaded not guilty.

4. To prove its case, prosecution in all examined 12 witnesses out of whom PW-8 Dinesh and PW-9 Pappu are the witnesses of last seen. They corroborated the prosecution story. PW-3 Dr. Ramswaroop had done autopsy on the dead body on 27.6.2002 and proved his postmortem report (Ex.P/8), according to which he noted following:-

Injury:-

1.Incised wound - 10 cm x 2 cm x bone deep on forehead, right side,

2.Incised wound - 5 cm x 1 cm x bone deep head over left parietal bone,

3.Incised wound - 4 cm x 1 cm x bone deep head behind left ear,

4.Abrasion - 4 cm x cm - chest over right clavide,

5.Abrasion - 2 cm x = cm - left knee,

6.Abrasion - 1= cm x = cm - right knee,

7.Lacerated wound - 2= cm x = cm x muscle deep, chest back on left side in middle.

Injury No.1, 2 3 were caused by sharp weapon and 4-7 were caused by blunt weapon, Injury No.1 and 7 were dangerous while 2-6 were simple in nature. All the injuries were within 24 hours prior to examination.

Fracture:-

1.Compound fracture of frontal bone right side above upper eye brow.

2.Fracture of 6,7,8, 9th left rib posteriorly.

Opinion:-

From above findings I am in opinion that cause of death was haemorrhagic shock as a result of multiple injuries and fractures.

2.Time since death was within 24 hours prior to postmortem examination.

3.All the injuries were ante-mortem in nature.

5. PW-6 Sultan Bux was Investigating Officer and he deposed about various steps taken by him during the course of investigation. PW-10 Kakku is the person before whom PW-8 Dinesh and PW-9 Pappu narrated the fact about last seen of Kalji with accused persons. During the course of investigation the weapon of offence blood stained "kos" was recovered on basis of disclosure statement made by accused Kalu and a 'saria' (iron rod) was also recovered at the instance of accused Prabhu. Ex.P/20 is the report of State Forensic Science Laboratory and as per that shirt of deceased, iron "kos" and blood swab taken from the place where body of Kalji was recovered were found to be stained with "B" group blood.

6. Learned trial Judge believed the prosecution evidence and, thus, convicted and sentenced the appellants as above.

7. In appeal, it has been argued that the prosecution evidence on record was highly suspicious and not worthy of credence, therefore, the conviction and sentence of the appellants is unsustainable. As per learned counsel for the appellants the deceased suffered with a sharp injury and such an injury cannot be received by iron "kos" said to be recovered at the instance of accused Kaliya. He has further stated that the evidence relating to last seen is not trustworthy on the count of existing contradictions and also the witnesses being interested persons. It is also urged that as per PW-8 Dinesh and PW-9 Pappu they saw Kalji with accused persons at about 08:00 PM from the distance of 30 feet, but it was virtually impossible being the time of dark.

8. We have considered the arguments advanced and scrutinised the entire record.

9. The fact