JUDGMENT :

Chandra Kumar Songara, J.:

D.B. Criminal Appeal No. 186/2018 :

1. Instant D.B. Criminal Appeal No.186/2018 under Section 374 of the Code of Criminal Procedure, 1973 has been preferred on behalf of the convict-appellants, namely (i) Mahaveer s/o Bhanwar Lal and (ii) Prem Shankar s/o Choga Lal, assailing the impugned judgment of conviction and the order of sentence dated 04.04.2018 passed by the Court of learned Sessions Judge, Bundi, in Sessions Case No.39/2013, whereby the appellants/accused were convicted and sentenced as under:--

Offence U/s. Imprisonment Fine Sentence in default of payment

302 I.P.C. Life Imprisonment Rs.25,000/- each To further undergo six months simple imprisonment

2. Complainant, namely Bhanwar Singh Rajput has also preferred D.B. Criminal Leave to Appeal No.209/2018 under Section 378 (3) readwith Section 372 of the Code of Criminal Procedure, 1973 against the impugned judgment of conviction and the order of sentence dated 04.04.2018 passed by the Court of learned Sessions Judge, Bundi, in Sessions Case No.39/2013, whereby the respondents/accused, namely (i) Moti Lal s/o Bhanwar Lal, (ii) Pravat s/o Moti Lal and (iii) Satyanarayan s/o Moti Lal were acquitted for offences punishable under Sections 147 and 302 readwith Section 149 of Indian Penal Code by giving benefit of doubt.

3. A Division Bench of this Court, vide its order dated 17.09.2018, had granted leave to appeal and ordered to register the same as ‘Criminal Appeal’, thereby, the said appeal was registered as D.B. Criminal Appeal No.376/2018.

4. By this common judgment, D.B. Criminal Appeal No. 186/2018 filed by the appellants/accused as well as D.B. Criminal Appeal No.376/2018 preferred by the complainant – Bhanwar Singh Rajput, are being decided together.

5. The brief facts of the prosecution case, which are relevant and essential for the disposal of both the appeals, are herein below :-

6. Complainant – Bhanwar Singh Rajput (PW-1) had submitted written-report (Exhibit-P/1) to the S.H.O. Police Station, Hindoli District Bundi alleging therein that on 12.01.2013 in the afternoon at about 12:00 A.M. his brother Rajendra Singh came out from the house and he was standing near a Sheesham tree, at that time, Mahaveer Jat, Moti Jat, Prem Shankar, Parwat, Satya Narayan and Bhagwan, resident of Sahaspuriya, armed with gandasi, sword and sariyas came with a common intention to kill his brother Rajendra Singh and then and there, Mahaveer Jat gave gandasi blow on his head, due to which, blood started oozing. Afterwards, another injury was caused by accused Prem Shankar on the head, due to which, blood started oozing. Thereafter, all the persons started beating him, due to which, Rajendra sustained so many injuries on his ribs and above the eye and after that, he became unconscious. It was alleged that gold chain, which Rajendra Singh was wearing in his neck, was also taken away. Brajraj Singh, Gajendra Singh, Gopal Singh, Pokhar Lal and Kishan Singh were the eye-witnesses of the alleged occurrence.

7. On the aforesaid information, an F.I.R. bearing No.32/2013 (Exhibit-P/35) came to be lodged at Police Station Hindoli District Bundi for offences punishable under Sections 143, 323, 307 and 379 of I.P.C. During investigation, injured Rajendra Singh, who was under treatment, died at Maitri Hospital, Kota, therefore, Section 302 of I.P.C. was also added. After completion of investigation, the Police presented charge-sheet against the accused-persons.

8. Charges were framed by the learned trial Court for offences punishable under Sections 148 & 302 of I.P.C. and under Section 4/25 of Arms Act against Mahaveer, under Sections 147 and 302/149 of I.P.C. against Moti Lal, Parwat, Satya Narayan and under Sections 147 and 302 of I.P.C. against Prem Shankar.

9. The accused denied the charges, pleaded not guilty and claimed trial.

10. In order to prove its case, the prosecution examined as many as twenty-three witnesses, during trial. Accused when examined under Section 31