Honble PRASAD, J.–The present appeal filed by the three accused appellants arises out of the judgment passed by the learned Additional Sessions Judge No.2, Sri Ganganagar in Sessions Case No. 18/1993 dated 21.1.1994.

(2). By this judgment the learned Additional Sessions Judge has convicted the accused appellants under Section 302 I.P.C. read with Section 34 IPC and has sentenced to life imprisonment and a fine of Rs.200/-. The accused appellant Pyare Lal has also been convicted under Section 27 of the Arms Act and was sentenced to 5 years rigorous imprisonment and a fine of Rs. 500/-.

(3). The prosecution was initiated on the basis of the first information report lodged at about 11 A.M. at Police Station, Kotwali, Sri Ganganagar (Ex.P.6) on 11.11.1992. The first information report was lodged by P.W. 1 Kishanlal. According to the verson given in the first information report the deceased Subhash was going towards his house. He was being followed by the first informant Kishan Lal his elder brother and two of his friends Shyam Lal and Ashok Kumar. While Subhash reached near the house of the owner of Mehta Studio, he was confronted by the three accused persons. Accused Sadhu Ram had a Takua, Raj Kumar had a Gandasi and Pyare Lal had a country made 12 bore pistol. Sadhu Ram said that the enemy had come and he should be finished and after this Sadhu Ram gave a Takua blow on the neck of Subhash, Raj Kumar gave a Gandasi blow on the head of Subhash and Pyare Lal extracted the pistol from his `DAB and fired at Subhash. Subhash fell down. The accused, even after Subhash fell down, inflicted many injuries, Subhash became unconscious and the accused persons left him, treating him to be dead.

(4). The witnesses carried Subhash in a rickshaw to the Hospital. Subhash was admitted in the Hospital and witness Kishan Lal came to the police station to make the report, where the first information report Ex. P.6 was registered. This incident occurred at about 10.15 A.M. and the report was lodged at 11 A.M. The S.H.O. after recording the F.I.R. proceeded to the spot and started investigation. At 12.05 P.M. Subhash succumbed to his injuries and at 1.50 P.M. the post mortem was conduc- ted. The other investigations were also undertaken. After the investigation was completed, a charge-sheet was filed against the accused appellants. Charges were framed under Section 302 read with Section 43 I.P.C. against all the accused and under Section 27 of the Arms Act against accused Pyare Lal. The accused denied the charges and claimed trial.

(5). At the trial the prosecution examined 9 witnesses including 3 eye-witnesses and also produced documentary evidence. After conclusion of the trial, the learned Additional Sessions Judge believed the testimony of the eye-witnesses and held that the prosecution has succeeded in bringing home the guilt of the accused appellants and convicted and sentenced the accused appellants as aforesaid.

(6). The story of the prosecution rests on the evidence of three eye-witnesses, namely, P.W.1 Kishan Lal, P.W.2 Ashok Kumar and P.W. 3 Shyam Lal. As regards the principal occurrence it has been stated by the eye-witness P.W. 1 Kishan Lal that on 11.11.1992 at about 10.15 A.M. while he was in the company of the other two witnesses P.W. 2 Ashok Kumar and P.W. 3 Shyam Lal and going towards his house at about 10.15 A.M., Subhash said that the enemy had come and he should be finished. Sadhu was preceeding them. When Subhash reached near the house of the owners of Mehta Studio the three accused persons came from front. Sadhu Ram on seeing Sadhu Ram gave a Takua blow on the neck of Subhash on the left side, Raj Kumar gave a Gandasi blow on the head of Subhash and Pyare Lal took out the pistol from his `DAB and fired at Subhash. Subhash fell down. Then accused Sadhu Ram and Raj Kumar further inflicted various blows by their respective weapons on Subhash. The witnesses made noise but none came to the rescue.

(7). Subhash was taken by the witness to th

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