JUDGMENT :

SANDEEP MEHTA, J.

1. The appellants herein have been convicted and sentenced as below vide judgment dated 06.02.2017 passed by the learned Additional Sessions Judge No. 1, Bhilwara in Sessions Case No. 02/2013:

2. Being aggrieved of their conviction and sentences, the appellants have preferred the instant appeal under Section 374(2) Cr.P.C.

3. Brief facts relevant and essential for disposal of the appeal are noted herein-below.

4. Smt. Rekha (PW-3) lodged a written report (Ex.P/4) to the SHO Police Station Hamirgarh, District Bhilwara on 09.09.2012 alleging inter-alia that her husband Amra had gone to the Banas river for loading a water tanker at 07.00 A.M. He had loaded the tanker from the well of Radheshyam Keer and was returning. On his way back, Chhotulal son of Nanda Gujar and Gopal son of Nanda Gujar, obstructed Shri Amra and thrashed him with an iron tami due to which, he received serious injuries on his hands, legs and abdomen. Upon getting the information, she, her brother-in-law Kanaji and Foolji Suthar, took the injured to the Bhilwara hospital where, he disclosed the details of the assault to the informant and his brother Kishan. It was further alleged that as the condition of Shri Amra was quite serious, he was referred to Udaipur for further treatment.

5. On the basis of this report, FIR No. 151/2012 (Ex.P/39) came to be registered at the Police Station Hamirgarh, District Bhilwara for the offences punishable under Sections 341, 323 and 307 IPC and investigation was commenced. The I.O. proceeded to the place of the incident, prepared the Site Inspection Plan, etc. The injured Shri Amra, who had been taken to Maa Gayatri Hospital, Udaipur, was operated upon but he did not survive and passed away on the very same day i.e. 09.09.2012 at about 10 O' Clock. His dead body was subjected to postmortem (Ex.P/40) at the Maharana Bhupal General Hospital, Udaipur by Dr. Manish Kumar Sharma (PW-39) who took note of various injuries on the body of the deceased. Lacerated wounds were present on both the legs which were bearing deformities associated with fractures. The left arm was also deformed and was fractured. A few abrasions were also noticeable on the body. The cause of death was opined to be haemorrhagic shock owing to cumulative effect of injuries to the abdomen and the other injuries, which were sufficient in the ordinary course of nature to cause death. As Shri Amra passed away, the offence under Section 302 IPC was applied to the case. The appellants were arrested and acting in furtherance of the informations provided by them to the I.O. under Section 27 of the Evidence Act, an iron tami and a wooden stick were recovered from the accused Chhotulal and Gopal vide seizure memos (Ex.P/18 and Ex.P/19) respectively.

After concluding the investigation, a charge-sheet came to be filed against the accused appellants and one Kishanlal Gujar for the offences punishable under Sections 302 and 120B IPC. As the offence punishable under Section 302 IPC was Sessions triable, the case was committed to the court of Sessions Judge, Bhilwara from where, the same was transferred to the Court of the Additional Sessions Judge No. 1, Bhilwara for trial. The trial court framed charges against the accused appellants and Kishanlal for the offences punishable under Sections 120B IPC and Section 302 read with Section 120B IPC. The appellants pleaded not guilty and claimed trial. The prosecution examined as many as 39 witnesses and exhibited 59 documents and marked 11 articles to prove its case. The accused were questioned under Section 313 Cr.P.C. and upon being confronted with the circumstances appearing against them in the prosecution evid