Nirmaljit Kaur, J.

All the above mentioned criminal appeals shall stand decided by this common order as they arise out of one and common judgment impugned.

The appellants have filed the present criminal appeals under Section 374(2) of Cr.P.C. against impugned common Judgment and Order dated 18.08.2009 passed by the Additional Sessions Judge (Fast Track), Abu Road, District Sirohi in Sessions Case No. 31/2008 (State of Rajasthan Vs. Javed Shah and Others.) vide which they were convicted for the offences under Sections 302 & 396 of I.P.C. and sentenced as under :-

Offence Sentence U/s 396 IPC Life Imprisonment with fine of Rs. 2,000/- and in default of payment of fine to further undergo six months' R.I. U/s 302 IPC Life Imprisonment with fine of Rs. 2,000/- and in default of payment of fine to further undergo six months' R.I.

Both the sentences were ordered to be run concurrently.

2. An FIR was got registered on 25.05.2007 at 2.00 A.M. on the basis of a written report submitted by one Banshi Lal (P.W. 2), the son of the deceased Mafatlal, at the spot on 24.05.2007 at 11.30 P.M. As per the said written report, his father Mafatlal himself was driving the tavera car bearing Registration No. RJ-24-TA-378 owned by him as a taxi. On 24.05.2007 at about 9.00 A.M., 05 young boys wearing trouser shirt, out of which one of them was in red T-shirt, having 02 bags talking in Ajmeri language, came to Ambaji. They demanded one Indica car but thereafter asked for a bigger car. They placed both the bags in the tavera car after fixing Rs. 600/- as total amount to be paid as fare. The person wearing the red tshirt and black goggles sat on the front seat and other four sat on the back side. After reaching Mount Abu, his father called him on the mobile that he was taking them for sightseeing. The said conversation took place on mobile at 11.30 A.M. The complainant - Banshi Lal who also was a taxi driver too reached Mount Abu at 7.00 P.M., when his brother Narayan called him at about 8.30 P.M. to tell him that somebody had killed their father and taken away the car. After getting in touch with the police, he came to know that Nakabandi had already been done by the police. Thereafter, the complainant too reached Abu Road. Meanwhile, he called up his paternal uncle from Mount Abu and told him that somebody had killed his father and taken away the car. Accordingly, an F.I.R. No. 41/2007 was registered at Police Station Mount Abu, District Sirohi for the offences under Section 392 & 302 of I.P.C. on 25.05.2007 and the police started the investigation.

3. After investigation, challan was filed against the appellants Javed Shah, Sarabjeet Singh alias Sarabjeet alias Ajay, Utsav alias Lala and Nawab Akhtar for the offences under Sections 302 & 396 of I.P.C. and against the appellant Dharamveer Singh alias Dharamveer alias Kaka for the offences under Section 302 & 396 of I.P.C. and Section 3/25 of the Arms Act. The charges were also framed against the appellants for the same offences. During the trial, the prosecution produced as many as 29 witnesses and exhibited 104 documents in support of their case. The statement of the accused-appellants were recorded under Section 313 of Cr.P.C. No evidence was produced from the side of the accused-appellants in their defence. On conclusion of the trial, the trial court acquitted the accusedappellant Dharamveer Singh alias Dharamveer alias Kaka for the offence under Section 3/25 of the Arms Act but convicted all the accused-appellants for the offences under Section 396 and 302 of I.P.C. vide Judgment dated 18.08.2009 and sentenced them as stated above.

4. There are as many as 05 accused. Dharamveer Singh alias Dharamveer alias Kaka from whom 02, 12 bore country made pistols and shirt were recovered, Javed Shah from whom his own mobile was recovered, Sarabjeet Singh alias Sarabjeet alias Ajay from whom the key of the tavera car was recovered, Utsav alias Lala from whom the photo copy of the document belonging to the t