Mohammad Rafiq, J.

1. Since all these three appeals have been filed challenging the common judgment dated 25.01.2012 and order dated 01.02.2012 passed by Additional Sessions Judge No. 3, Kota (for short the trial court), therefore, they were heard together and are being decided by this common judgment.

2. Criminal Appeals No. 165/2012 and 261/2012 have been filed by accused-appellants Mohammed Akram, Pallu @ Parvez, Ajimuddin and Shakeel respectively challenging aforesaid judgment passed by the trial court whereby each of the accused-appellants has been convicted under Section 148 IPC and sentenced to one year's simple imprisonment and fine of Rs. 1,000/- in default whereof, to further undergo one month's additional simple imprisonment. The trial court has further convicted each of the aforesaid accused- appellants for offence under Section 302 read with Section 149 IPC and sentenced each of them to life imprisonment with fine of Rs. 10,000/- in default whereof, to further undergo one year's rigorous imprisonment. Both the sentences were ordered to run concurrently. Criminal Appeal No. 260/2012 has been filed by the complainant Ram Singh challenging the aforesaid judgment and order passed by the trial court in so far as it relates to acquittal of accused-respondent Hatim Qureshi and Sayed Qureshi of the charges under Sections 148 and 302 read with Section 149 IPC.

3. Facts of the case as emerging from the record are that Ram Singh Gurjar (PW-10) submitted a written report (Exhibit P- 15) to Sub-Inspector, Police Station Kunhadi, Kota in MBS Hospital, Kota alleging therein that on 19.07.2008 at about 2.00 P.M. he along with one Rakesh Nama (PW-3) were going on motor cycle from Keshavraipatan to Nanta Village. His elder brother Dara Singh was also going on another motor cycle No. RJ-08-SC-9502 about 40-50 feet ahead of them to Nanta Village. When they crossed Naya Kheda village and reached near first turn of the canal, 7-8 persons suddenly emerged from behind the bushes and attacked his elder brother. The informant and his companion Rakesh Nama (PW-3) stopped their motor cycle at some distance because they were frightened. Dara Singh tried to run away from there, but all the accused caught hold of him and started inflicting injuries to him by knife and also opened fire. When Dara Singh became unconscious, these persons considering him as dead, ran away from the place of occurrence on their motor cycle. Aslam Kabadi and his son Akram and Wahid Khunta were amongst those persons and there were 4 and 5 other persons also. They were armed with knives and revolver/country made pistol. Informant and his companion went to Dara Singh and noticed that he had received many knife injuries and was profusely bleeding. He had already died. They informed relatives and the police. The police came there and took dead body of Dara Singh to MBS Hospital, Kota. It was stated that accused had committed murder of Dara Singh owing to fact that his brother was main witness against them with regard to incident of communal riot, which took place last year at Patan. It was prayed in the written report that action be taken.

4. That the police, on receipt of aforesaid written report, chalked out regular FIR No. 229/2008 (Exhibit P-61) for offences under Sections 147, 148 and 302 IPC. After completion of investigation, challan was filed against six accused before the concerned court where from the case was committed to the Court of Sessions, Kota and it was transferred to the Court of Additional Sessions Judge No. 1, Kota for trial. Ultimately, the case was made over to the Court of Additional Sessions Judge No. 3 for trial. The trial court framed charges against the accused under Sections 148 and 302/149 IPC, which the accused denied and claimed to be tried. In support of its case, the prosecution examined as many as 35 witnesses and exhibited 73 documents. Statements of accused under Section 313 Cr.P.C. were recorded wherein they pleaded innocence and