Hon'ble KOTHARI, J.—This appeal challenges the conviction and sentence awarded to the appellants by the learned Additional Sessions Judge (Fast Track), Alwar in Sessions Case No.40/2002 (45/02), State vs. Pikki & Ors. on 17.10.2002, which are as under:-

Appellants Pikki and Munshi Singh

1. Section 302 IPC: Life imprisonment and fine of Rs.5000/- each. In default one year rigorous imprisonment.

2. Section 148: Three years rigorous imprisonment and fine of Rs.1000/- each. In default six months rigorous imprisonment.

3. Section 324 IPC: Three years rigorous imprisonment and fine of Rs.1000/- each. In default, six months rigorous imprisonment.

4. Section 323/149: Six months rigorous imprisonment.

Appellants Sohan Singh and Mst. Rajo Kaur.

1. Section 302/149 IPC: Life imprisonment and fine of Rs.2000/- each. In default one year rigorous imprisonment.

2. Section 148: Three years rigorous imprisonment and fine of Rs.1000/-each. In default, six months rigorous imprisonment.

3. Section 324/149 IPC: Three years rigorous imprisonment and fine of Rs.1000/- each. In default, six months rigorous imprisonment.

4. Section 323/149 IPC: Six months rigorous imprisonment.

2. The brief facts of the case are that Dr. Amar Singh Rathore PW-14 sent a letter (Ext.P32) to the Police informing that Bhagwan Singh, S/o Satnam Singh, resident of Mugaska, is admitted on bed no.4 in the hospital due to stab wound and necessary action may be taken. In turn Rajendra Prasad, Sub-Inspector, N.E.B. Police Chowki, Police Station Shivaji Park, Alwar, on receiving a wireless message that the persons injured in a scuffle at Village Mugaska have been admitted in the General Hospital, Alwar, reached the hospital where Kashmir Singh, S/o Satram Singh, submitted a written report (Ext.P7) stating therein that at about 6.00 P.M. on 06.12.2001, an altercation took place between his brother Dalip Singh and Sohan Singh with regard to the amount of credit of his shop. On account of it, Munshi Singh, Pikki Singh, Tinku Singh, Sohan Singh and his wife Mst. Rajo caught hold of his brother and gave him a beating. When Bhagwan alias Jeewa and he went to rescue Dalip Singh, the aforesaid persons assaulted them also. Munshi Singh, Pikki Singh, Tinku Singh and Sohan Singh attacked his brother Dalip Singh and Bhagwan Singh with knives and they were seriously injured. Both of them were taken to the hospital and on reaching there his brother Dalip Singh was declared dead. The condition of Bhagwan Singh was also serious. Munshi inflicted an injury on his back with a knife. After the beating, the aforesaid persons have given threats for further beating and action may be taken against them. The aforesaid written report was sent to the Police Station, on which an FIR (No.290/2001) was registered for offences under Sections 147, 148, 149, 323, 324, 302 and 307 IPC.

The Police conducted the investigation and the accused persons were arrested. Accused Pikki, Munshi Singh and Vikram Singh gave information (Exts.P41 to P43) under Section 27 of Indian Evidence Act and at their behest knives were recovered vide recovery memos Exts.P5, P23 and P25. The Police recovered clothes of deceased persons vide Exts.P21 and P22 and sent them for analysis to FSL. Knives recovered from the accused persons were also sent for analysis to F.S.L. The Police investigated the site and got the post-mortem conducted of Dalip Singh and Bhagwan Singh (who expired on the night of 6.12.2001). After completion of investigation, Police submitted a report under Section 173 Cr.P.C. against accused Munshi Singh, Pikky, Vikram Singh alias Tinku for offences under Sections 147, 148, 149, 323, 324, 307, 302 IPC and Section 4/25 of Arms Act and against Sohan Singh, Mst. Rajo Kaur for offences under Sections 147, 148, 149, 323, 324, 307 and 302 IPC in the Court of Addl. Chief Judicial Magistrate No.2, Alwar. It was also mentioned in the report that accused Sohan Singh alias Kala is absconding. The learned Judicial Magistrate took cognizance aga

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