1. By way of instant criminal appeal, the appellants have challenged the judgment dated 31.05.2013 passed by the learned Additional District and Sessions Judge No. 1, Chittorgarh in Sessions Case NO. 42/2011 whereby, the appellants have been convicted and sentenced as under:-

Offence	Punishment
341 IPC	One month S.I.
307 IPC	Ten years R.I. alongwith fine of Rs. 1000/- in default of payment of fine, to undergo fifteen days imprisonment.
394 IPC	Ten years R.I. and a fine of Rs. 1000/- and in default of payment of fine to undergo fifteen days imprisonment.
201 IPC	Seven years' R.I and a fine of Rs. 1000/- each, in default of payment of fine, to undergo fifteen days imprisonment.
302 IPC	Life imprisonment alongwith fine of Rs. 2000/- in default of payment of fine, to undergo fifteen days R.I.

2. Criminal litigation was set into motion when PW-1 Mangi lal lodged a written report Ex.P/1 before the S.H.O. Police Station, Akola, Chittorgarh to the effect that in the intervening night of 02.01.2009 and 03.01.2009 at about 12:00-1:00 AM, when his nephew Ratan lal was sleeping, a boy aged 25-26 years injured with blood oozing from his throat came there. Upon asking he could not utter anything but using sign language he indicated that he was a driver and somebody had stabbed him on the neck and had also tried to strangulate him with a rope and took away his vehicle. He gave first aid and later on the police reached and admitted the injured in the hospital at Sanwar.

3. Fir Ex.P/39 was registered by the police for offences punishable under Sections 394, 307, 323, 341 and 365 IPC and investigation commenced.

4. On 05.01.2009, the S.H.O. Police Station Mavli received a Radiogram that a man aged about 25-30 years who had been stabbed on his neck was lying in the outskirts of Mavli who was later on identified as Khalid i.e. the deceased.

5. The injured who had reached Ratanlal was Mohd. Anees PW-22. He was admitted in the hospital and could not speak. In the police record a statement in writing executed by him Ex.D-1, which bears no date has been brought on record during the cross examination of PW-22 who admitted that the same was written by him on account of the fact that due to his neck being cut he could not speak. The statement is brief and only discloses that when the truck had been stopped enroute to take food four persons dragged him to the field. When he returned to the place where the truck had been parked he found the truck missing. Another statement Ex.D-2 in writing bearing the date 21.1.2009 was also admitted by him during cross examination. He did so because even till 21.1.2009 he could not speak. This has been recorded under Section 161 Cr.P.C. by the investigating officer. It is a detailed statement disclosing that he and the deceased were proceeding from Bombay to Delhi in truck No. HR 63 6485 they left Bombay in the company of the accused who were in truck No. RJ 14 GA 8297. As they reached Dabok and parked their truck the accused dragged him and the deceased to the field. They first cut the neck of the deceased and then injured him on the neck. When he reached the place where his truck had been stationed he found the truck missing. A person at an eatery rang up the police and he was removed to the hospital. Since he could not speak he gave the relevant information in writing.

6. Post investigation the present appellants and two more persons were charge-sheeted for offence under Sections 341, 323, 307, 394, 302, 201 and 120B IPC and were sent for the trial.

7. The prosecution examined 24 witnesses and exhibited various documents. Statement of the accused persons were recorded under Section 313 Cr.P.C but on the defence side no witness was examined.

8. At the conclusion of the trial, the learned A