Vijay Kumar Vyas, J.

This appeal has been preferred against the judgment dated 24.1.2007 passed by learned Additional Sessions Judge, Special Court, Women Atrocities & Dowry Act, cases, Kota in Sessions Case No. 4/2006, whereby while acquitting co-accused Udailal and Mukesh from charges of offence punishable u/s 148 and 302/149 IPC, appellants Phoolchand, Chandu @ Chandprakash and Narendra Kumar have been convicted for the offence u/s 148 and 302/149 IPC and sentenced as follows :-

All the sentences were ordered to run concurrently.

2. Brief facts giving rise to this appeal are that on 6.9.2003 at about 12.30 PM, complainant Shivraj S/o Shri Ram Narayan Meena, R/o Dhakiya, Police Station Chechat informed at Mortuary, Government Hospital, Ramganjmandi to SHO, Abdul Majid Khan (PW-36) that at about 9.00 AM when he was at his house and his elder brother Giriraj had gone to river for plantation, a girl child of the locality came and informed him that Phoolchand - Master, his father Uda Patel, Ghanshyam and cousins of Phoolchand – Narendra, Vinod and Chandu are beating your brother Giriraj with sword, knife, pistol (country made pistol) and incised weapons. Immediately, the informant rushed to his brother. He saw on the way, near house of Amarlal, Phoolchand Master was assaulting his brother with pistol. He had heard the sound of fire. His brother was lying on earth. Ghanshyam, Vinod and Chandu were giving blows with knife and sword. Narendra was giving blow with Gandasi. Meanwhile, brothers of informant - Jugraj and Dhanraj also reached there. They also saw the whole incident. Ghasi Meena and other villagers also reached the spot and saw the incident. Assuming that brother has died and on seeing that, other brothers have reached, the appellants fled away towards Rai Khera. Two years ago, Phoolchand-Master had committed rape with a lady, a relative of informant. Phoolchand doubted that Giriraj had given the information of rape. Phoolchand was absconding since then. He had threatened Giriraj that he would kill him. Since then, an enmity is going on between Giriraj and Phoolchand-Master. Due to this enmity - Phoolchand, Ghanshyam, Vinod, Narendra and Chandu, with common object of killing Giriraj, attacked him and injured him. Blood was coming out profusely from the injuries and in that condition, informant and others brought Giriraj at Government Hospital, Ramganjmandi, where doctor declared him dead. Abdul Majid Khan (PW-36), SHO, Police Station Chechat took down this information on Parcha (Ex.P-1) and sent it to Police Station and started investigation. Prior to his reach, an inquest report was prepared by Ratan Singh Chundawat, ASI, P.S. Ramganjmandi, the same was handed over to Abdul Majid Khan. On the same day at about 3.30 PM, after reaching at Police Station Chechat, FIR No. 106/2003 was formally registered. During investigation, site plan (Ex.P-5) and other necessary memos were prepared. Empty cartridges found at the site of crime, were seized vide memo (Ex.P-10) in presence of Narayan (PW-5) and Bherunlal (PW-8). Postmortem of the dead body was conducted by Dr. N.B. Joshi (PW-35). Postmortem report is Ex.P-45. Blood smeared soil, control soil, blood of deceased were collected and sealed. Blood stained Baniyan and underwear of the deceased were also seized and sealed. Statements of the witnesses were recorded. Statements of witnesses Ghasi Lal, Mangi Lal, Ramesh and Bajrang Lal Bairwa were got recorded u/s 164 Cr.P.C. as well. Photography was conducted. Accused Phoolchand, Ghanshyam Mee