1. Three brothers, Chhuttan (P.W.4), Firoz (P.W.15) and Liyakat Ali (P.W.16) along with their dulhabhai (son-in-law of the family) Abdul Wahid had received injuries on 28.3.2003 at 6:00 PM in village Kotsua falling within the jurisdiction of police station Sultanpur, District Kota. As a result of injuries received, Abdul Wahid died on the spot. Occurrence was also witnessed by the fourth brother, Haider Ali (P.W.1). Four independent eye-witnesses namely, Reshma (P.W.5), Latoor (P.W.6), Ramratan (P.W.10) and Babulal (P.W. 11), have not supported the prosecution case and have turned hostile.

2. Haider Ali (P.W.1) immediately after the occurrence had telephonically informed the police station Sultanpur. The said call was received by Om Prakash Sharma (P.W. 9), who was then posted as ASI at police station Sultanpur. Haider Ali had disclosed to the police officials that three persons had received injuries and one had died in the occurrence at village Kotsua.

3. Three injured persons namely, Chhuttan (P.W.4), Firoz (P.W. 15) and Liyakat (P.W.16) and deceased Abdul Wahid were transported by their cousin Iqbal in Jeep to MBS Hospital, Kota. On 20.3.2003, Pardesi Ram (P.W.18) posted as ASI in Rural Police Control Room, Kota, received an information from MBS Hospital, Kota that one person had died due to receipt of injuries in village Kotsua, and three persons in injured condition had been admitted in the Hospital. On receipt of information, Pardesi Ram (P.W.18) reached the Emergency Ward and recorded statement of Firoz (P.W. 15), who was lying admitted at bed No.15 of the Ward. The statement (Exhibit-P/26), subsequently through Constable Prabhu Lal (P.W.13) was sent to Police Station Sultanpur, where on the basis of said statement (Exhibit-P/26), formal FIR (Exhibt-P/27) was registered. It is to be noted that statement (Exhibit-P/26) made by (Firoz P.W.15) was recorded by ASI Pardesi Ram (P.W.18) on 28.3.2003 at 10:10 PM, and formal case was registered on the same intervening night i.e. 29.3.2003 at 2:10 AM.

4. The statement (Exhibit-P/26) made by Firoz (P.W.15) when translated into English reads as under:

"Today on Jumma, day, Friday, I and my brother Chhuttan were doing masonary work on the bank of river. At about 12:30 PM, after taking our bath, we had performed our Namaz and after taking our meals had resumed our work. At about 6:00 PM, after completing work when we were about to leave, Abdul Kareem s/o. Kallu, Mohd. Ali s/o. Abdul Kareem, Ramjani s/o. Kallu, Zakir s/o. Madar, Kalam s/o. Kallu, Mannan s/o. Subrati, Hannan s/o. Subrati, Gheesa Meena, Nazar s/o. Khwaja, all residents of Kotsua armed with Sword, Gandasi, Dhariya, Gupti and Wood came with common intention to kill us. On reaching, Nazar and Kalam with sword in their hands, caused me injuries. Kalam gave a sword blow on left side of my head. Nazar gave a sword blow on my left foot. Abdul Kareem gave an injury with wood on my left rib. An injury was caused to my brother Chhuttan with wood. He ran. Nazar chased him and gave him beating. Then my brother Liyakat and Dulhabhai Wahid came running to save us. The above said all persons caused them injuries on their head with sword, dhariya and gandasi. Labourers Kali Bai, Reshma and Latoor saw the occurrence. Our uncle's son Iqbal brought us in a Jeep to Hospital, where we are under treatment. We have been told that Wahid has died. He had sufferred many injuries on the head. Nobody bore grudge against me. If the assailants had any grudge with my brothers, same is not in my knowledge. Signed Firoj."

5. On the basis of above statement, the case was registered against ten persons. Investigating Agency after conclusion of the investigation, submitted the report under Section 173 Cr. P.C. and had sent ten accused appellants for trial.

6. Court of Additional Session Judge No.2 (Fast Track), Kota vide impugned judgment dated 14.11.2003 held appellants namely, Abdul Kalam, Abdul Mannan, Abdul Hannan, Nazar Mohammad and Mohammad A