JUDGMENT :

SANDEEP MEHTA, J.

1. The appellants herein have been convicted and sentenced as below vide judgment dated 07.08.2018 passed by the learned Additional District and Sessions Judge No. 3, Jodhpur Metro in Sessions Case No. 10/2013 (153/2011):

All the sentences were ordered to run concurrently.

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

3. Facts relevant and essential for disposal of the appeal are noted herein-below:

Sub-Inspector Deva Ram (PW-21) recorded the Parcha Bayan (Ex.P/2) of the complainant Malaram (PW-6) on 03.07.2011 at Mathura Das Mathur Hospital, Jodhpur wherein, the complainant alleged that in the morning, Rawalram (PW-5) had been threatened by Madhuram, Tarachand, Shrawanram, Sumer, Jetharam and Pannaram on the premise that since he had given out their names in the incident involving assault on a roadways' bus driver, they would take revenge by killing him. At around 5:00-5:30 p.m. the complainant was sitting at his shop and Rawalram was sitting outside the shop. At that time, Madhuram S/o Shri Javrilal, Sumer S/o Shri Javrilal, Pannaram S/o Shri Badriram, Tarachand S/o Shri Phusaram and Jetharam S/o Shri Hapuram, armed with swords, hockey, lathis and iron rods came there and launched an assault on Rawalram (PW-5) with the intention of killing him. Malaram (PW-6) intervened on which, he too was beaten up. He and Rawalram cried out for help, upon which, his elder brother Kishan and Virendra @ Bablu (PW-4) came around and made an attempt to rescue them. On seeing Kishan and Virendra @ Bablu, the assailants, turned their wrath towards these two persons and attacked them. They also scattered the goods lying in his shop. On hearing the commotion, Tulsiram (PW-10), Ramesh (PW-1), Manish (PW-3) and Arjun (PW-2) came there and intervened to rescue the complainant and his companions. He alleged that the assailants had launched the assault in order to wreak vengeance on account of an old land dispute and also on the premise that they (the appellants) had been named in the assault launched on the roadways bus driver. The assailants thrashed them and caused serious injuries with an intention of killing. The complainant got hurt on his head and leg. Madhuram and Jetharam had hit Kishan on his head with iron rods, causing him serious injuries which resulted in profuse bleeding. Rawalram also sustained injuries on his head, hands and other parts of body. Virendra @ Bablu (PW-4) had also suffered head and leg injuries in the incident. The assailants, had come with an intention to kill them and had also damaged his shop and the articles lying therein.

On the basis of this report, an FIR No. 246/2011 (Ex.P/32) came to be registered at the Police Station Basni, Jodhpur for the offences punishable under Sections 147, 148, 149, 307, 323 and 427 IPC and investigation was commenced. Kishan was taken to the M.D.M. Hospital, Jodhpur for treatment where he was declared dead. Autopsy was conducted on the dead body of Kishan. The injured persons were also examined and their injury reports were prepared. Some of the accused assailants had also received injuries in the incident and they too were provided treatment in the hospital. Since Kishan passed away, offence under Section 302 IPC was added to the case. The accused persons were arrested and as usual, acting on the information, allegedly provided under Section 27 of the Evidence Act, the Investigating officer proceeded to effect recoveries of the weapons and clothes