C. HONNIAH, C.J.—Twelve persons were charged with having committed offences punishable under secs 120-B, 147, 148, 302 read with secs, 149 and 307 read with sec. 149 of he Indian Penal Code in the Court of Additional Sessions Judge No. 2, Jaipur City. The learned Judge, by his judgment dated December 23, 1975 acquitted Yogi alias Yogendra, Gopal Prasad, Narendra Singh, Balvir Singh, Rishal Singh, Gopi Singh, Tejveer Singh, Nohpal Singh of all the charges with which they were charged, but convicted Chandrabhan, Brijender Singh, Gordhan Singh and Bachhu Singh under sec. 302 read with sec. 149, sec. 148 and sec. 323 read with sec. 149, Indian Penal Code, and sentenced them to various terms of imprisonments, the maximum sentence being imprisonment for life.

2. Aggrieved by this decision, Chandra Bhan has preferred D. B. Criminal Appeal No. 121 of 1976, Brijender Singh and Gordhan Singh have preferred D.B. Criminal Appeal No. 140 of 1976 and Bachhu Singh has preferred D.B. Criminal Appeal No. 141 of 1976 As all these three appeals arise out of the same judgment, we dispose of them by this common judgment.

3. On October 25, 1974, Laxman Prasad (P.W. 3) and his brother Brijesh, who was a student of Medical College at Jaipur, left their village Sinsini in the district of Bharatpur at about 12 00 noon on a scooter to go to Bharatpur. When they covered some distance, some trouble developed in the scooter. They attended to it and then came to village Sainth where they got the scooter repaired in a cycle shop. Then they left that village and proceeded some distance towards Kumher, which is on the way to Bharatpur. After going for some distance again, some trouble developed in the scooter. Both the brothers were not able to repair it and therefore they proceeded towards Kumher pushing the scooter Two boys aged between 8 to 14 years, came from village Sainth from behind them on cycles. One of them, who was known to Laxman Prasad (PW 3) asked him when Brijesh would be going to Jaipur, he told them that he would be going the next day One of the boys went towards Kumher on the bicycle Leaving the other boy there Laxman Prasad and Brijesh pro-ceeded towards Kumher pushing the scooter and when they came to a place one Kilometre away from Kumher, if is said that some persons, who were hiding there, attacked both the brothers with hockey sticks, knives and lathis and inflicted injuries on them and ran away. Shortly thereafter, Hotilal (PW. 6), came there driving a bus on the way to Bharatpur. He found Laxman Prasad and Brijesh lying badly injured. He put them into his bus and came to Kumher where he stopped for some. The persons, who were in the bus and others, told Laxman Prasad to report the matter in the police station nearby and also got treatment from the hospital situated there. However, Laxman Prasad did not agree with the suggestion as he wanted medical treatment by an expert, for himself and his brother, and, therefore, he along with his brother came in the bus to Bharatpur at about 2 pm. These two injured persons were taken to the hospital and were admitted at about 2.20 pm. and at 2 40 pm. Brijesh died. In the meanwhile, Dr. K.L. Sharma (P.W. 33) sent information (Ex. P. 26) to the Police Station (Kotwali) at Bharatpur town, intimating that two persons Laxman Prasad and Brijesh had been admitted to hospital with multiple injuries. That information (Ex. P/26) was received in the police station by a constable, Incharge of that police station, who made a record of that in the police diary. There is no evidence in this case whether that person went to the hospital to verify the information that he had received. Some time later, after the death of Brijesh at about 2.40 p.m, Dr. K.L. Sharma (PW 33) sent another intimation (Ex P/27) to the same police station intimating that Brijesh had died. Thereafter, one Ramanlal, Head Constable (not examined), who was incharge of the police station, on the receipt of the report of the death of Brijesh, regi

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