Honble GOYAL, J.–This appeal has been filed against the judgment dated June 30, 1995, passed by learned Sessions Judge, Alwar, in Sessions Case No. 7/1995 whereby both the accused appellants were held guilty under Section 302/34 IPC and were sentenced to imprisonment for life.

(2). The relevant facts giving rise to this appeal are in brief that P.W. 4 Prabhu Dayal, brother of the deceased Kailash submitted a written report Ex.P.8, at Police Station Malakhera, district Alwar, on 2.10.1994, at 2.15 p.m. with the averments that at about 10 a.m. his brother Kailash was going to house of Ramji Lal from his Well. On the way in the village Bader Ka Bas, accused appellants Harphool and his son Ramjeewan armed respectively with Kulhari and Tanchia, assaulted Kailash. Kailash ran away for his life and rushed to the roof of the house of Sohan Lal. Both the assailants followed him there. Accused Ramjeewan inflicted injuries with Tanchia on ear, nose, eyes, while accused Harphool caused injury on head by Kulhari. This occurrence was witnessed by Mangal Ram (PW.7), Babu Lal (PW. 6), Laxman (PW. 5) and Faiju Khan. Both the accused ran away and Kailash died instantaneously.

(3). On the basis of this written report (Ex.P.8), formal F.I.R. (Ex.P.22) was registered under Section 302/34 IPC. Site was inspected and Site-Plan (Ex.P.9) was prepared. Dead body of Shri Kailash was subjected to the post mortem examination and Post- Mortem Report is (Ex.P.1). Statements of witnesses were recorded under Section 161 Cr.P.C. The accused appellants were arrested and at their instance `Tanchia and `Kulhari were respectively recovered. On conclusion of investigation, challan was submitted in the Court of learned A.C.J.M. No. 2, Alwar, who committed this case to the Court of learned Sessions Judge, Alwar.

(4). Both the accused appellants were charged under Section 302/34 IPC. The accused appellants pleaded not guilty and claimed trial. To prove the charge, the prosecution examined as many as 14 witnesses namely PW.1, Dr. Rajendra Juneja, PW.2, Jagpal Singh, PW.3, Mohan Lal, PW.4, Prabhu Dayal, PW.5, Laxman, PW.6 Babu Lal, PW.7 Mangal Ram, PW.8, Kishan Lal PW.9, Hazari Lal, PW. 10 Sajjan Singh, PW.11 Ram Niwas, PW.12 Ramesh, PW.13 Fauzi Ram and PW.14, Gulab Chand. The accused appellants were examined as per the Provisions of Sec.313 Cr.P.C. They denied the entire prosecution evidence. Accused appellant Harphool stated that he was not in the village rather he was in his agricultural field which is one k.m. away from the village. Both the accused appellants further stated that they have been falsely implicated on account of enmity. No witness was examined on behalf of the accused appellants. Having heard final submissions, learned Sessions Judge convicted and sentenced both the accused appellants vide judgment dated June 30, 1995, as stated above.

(5). We have heard learned Senior Counsel Shri S.R. Bajwa and learned Public Prosecutor Shri Rajendra Yadav and have perused the entire evidence. Ex.P.1 dated 2.10.1994, is the Post Mortem Report of the deceased Shri Kailash, which has been proved by PW.1 Dr. Rajendra Juneja, who was posted as Medical Officer in Primary Health Centre, Malakhera. He stated that the Post-Mortem on the dead body of Kailash was conducted by him on 2.10.1994 and he prepared the Post-Mortem Report Ex.P.1 and noted following external and internal injuries :-

External injuries

1. Incised wound (6cm x 1cm) Horizontal placed over Rt. eye brow.

Incised wound (2.5cm x 1 cm) just below the bridge of nose with fractured nasal bone.

Lacerated wound (2.5cm x 1 cm) above the Rt. Nostril.

Bruise (5cm x 1.5 cm) Horizontal from 2 cm, lateral (contused to diverted backward).

Lacerated wound (2.5cm x 1 cm) over the occiput.

6. Bruise (8cm x 2cm) 6 cm lat. to T10 vertebra Rt. side.

7. Bruise (5cm x 2cm) over back of rt. shoulder.

8. Bruise (2.5 x 2.5 cm) Exterior surface of Rt. elbow joint.

9. Bruise (2cm. x 1cm) Exterior surface of lt. elbow joint.

10. Incised wound (4cm

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