JUDGMENT :

Anoop Kumar Dhand, J.

1. Since both – criminal revision petition and appeal arise out of the common judgment dated 20.01.1984 passed by the Court of learned District and Sessions Judge, Bundi (Raj.) [for short ‘the trial Court’] in Sessions Case No. 74/1983, hence same are being heard and decided by this common judgment together.

S.B. Criminal Appeal No. 20/1984:

2. In all twelve accused persons namely; Bhanwar Lal, Surajmal, Mohan, Hari Prasad, Heera Lal, Devi Lal, Prabhu, Raju @ Rajendra, Pokhar, Suraj Mal, Brij Mohan and Soji alias Shivji faced trial for the charges under sections 302/34, 307/34, 147, 148, 149 and 452 IPC. After trial, the trial Court convicted the accused appellants Bhanwar Lal, Suraj Mal and Soji @ Shivji Lal as under:-

3. Sentences were ordered to run concurrently.

4. Rest of the accused persons namely; Mohan, Hari Prasad, Heera Lal, Devi Lal, Prabhu, Raju @ Rajendra, Pokhar, Suraj Mal and Brij Mohan, have been acquitted by the trial Court by giving them the benefit of doubt.

5. Accused appellants No. 1 to 3 have submitted the instant criminal appeal against the aforesaid judgment before this Court. Their sentence was suspended by this Court and the appeal was admitted for hearing and the same was kept in due course. When the matter was taken up for hearing, the learned Additional Govt. Advocate informed this Court that the accused appellants No. 2 and 3 namely; Suraj Mal and Soji alias Shivji have expired, hence the appeal stood abated to their extent.

6. Brief facts of the case are that on 29.03.1983, a Parcha Bayan (Ex.P10) of the injured Mohammed Noor s/o Suleman (PW6) was recorded in which he alleged that today at about 11:30 PM he, his father Suleman and his mother Afizan were inside their house and the doors were closed from inside by latches. All of a sudden Bhanwar Lal Mali, Udairaj @ Katal Singh, Bhanwar Lal Gurjar, Kailash Luhar, Suraj Mal, Shivji Lal Mali, Mangilal Gurjar after pelting stones on the doors, entered inside the house. Thereafter all these persons took them out and started beating them by sticks and gandasi. Udairaj inflicted injuries on the right hand, Bhanwar Lal Babaji inflicted injury on his head by stick. He fell down due to the injuries sustained on the head. Thereafter he did not know who caused injury. He sustained injuries at two places of his left hand and on the chest. His father and mother also sustained injuries. Since he became unconscious, so he did not know who caused which injury. The Police came on the spot at the time of the occurrence. After seeing the Police, they ran away. Thereafter the Police took them to Bundi Hospital in their vehicle.

7. Upon this Parcha Bayan (Ex.P10), Crime No. 30/1983 was registered at Police Station Hindauli, District Bundi for the offences under section 147, 148, 149, 323, 307, 336 and 440 IPC. During the course of investigation injured Hafizan expired on 30.03.1983 and on 04.04.1983 injured Suleman died. Hence offence under section 302 IPC was added. After completion of investigation, the charge-sheet was submitted against twelve accused persons for the offences under section 302/149, 307/149, 147, 148 and 452 IPC and charges were framed for the above offences. Accused persons pleaded not guilty and claimed trial.

8. Thereafter the statements of 16 witnesses were recorded and 39 documents were exhibited by the prosecution. And the accused were question