Honble GOYAL, J.–In the double murder case, accused appellants, five in number, were placed on trial before the Additional Sessions Judge (Fast Track) No. 1, Bharatpur. The Trial Court vide its judgment dated 18.10.2001, in sessions case No. 120/2001 convicted and sentenced each of the accused appellants as under :–

(1) Hambir (2) Mahendra (3) Govinda (4) Jeet Singh (5) Balram @ Balla :

Under Section 302/149 IPC :–Life imprisonment and a fine of Rs. 500/-, in default of payment of fine, one months rigorous imprisonment.

Under Section 435 IPC :–Five years rigorous imprisonment and a fine of Rs. 250/-, in default of payment of fine, fifteen days rigorous imprisonment.

Under Section 147 IPC :–One year rigorous imprisonment and a fine of Rs. 100/-, in default of payment of fine, ten days rigorous imprisonment.

The substantive sentences were ordered to run concurrently.

(2). A written report (Ex.P11) was submitted by Nahar Singh (PW6) (father of the deceased Rajvir) at Police Station Bayana, District Bharatpur on 14.3.1999 at 9:45 am with the averments that on 13.3.1999 at about 9:30 pm his son went to Brahmbad by Jeep. Thereafter at about 11:00 pm he came to know that Hambir Singh, Govind Singh, Jeet Singh, Mahendra Singh, Balla Singh, Polu Singh with his brother Mahendra Singh along with some other persons armed with Lathies and Pharsas followed his son. On account of fear he (Nahar Singh) remained in his house. On 14.3.1999 at 6 a.m. he came to know that the dead bodies of his son Rajvir Singh and one girl are lying in burnt condition in his Jeep in between Brahmbad and his village.

(3). On the basis of this information, F.I.R. No. 147/1999 was registered for the offences under Sections 147, 148 & 302 IPC and the investigation commenced. Police seized dead bodies of Veervati and Rajveer in a burnt condition from the place of occurrence and inquest reports respectively Ex.P1 & Ex.P2 were prepared. Site plan with its description (Ex.P3) was also prepared. Jeep which was in burnt condition was seized vide Ex.P4. Autopsy on the dead bodies of Veervati and Rajveer were conducted by Dr. Ravi Kumar Gupta (PW21) who prepared postmortem reports Ex.P25 & Ex.P26 respectively. Accused persons were arrested and on their information under Section 27 of the Indian Evidence Act, weapons used in the offence and other articles were recovered. Surendra (PW2) who was in the company of two deceased persons at the time of occurrence was also medically examined by Dr. Ravi Kumar Gupta (PW21). Other articles were also seized during investigation. After usual investigation, charge-sheet was filed and in due course the case came up for trial before the learned Additional Sessions Judge, Bayana. Charges under Sections 147, 435 & 302 IPC and in alternate under Section 302 read with Section 147 IPC were framed against the accused appellants, who denied the charges and claimed trial. Lateron, this sessions case was transferred for trial to the court of Additional Sessions Judge (Fast Track) No. 1, Bharatpur. The prosecution in support of its case examined as many as 26 witnesses. After completion of prosecution evidence, the statements of accused persons under Section 313 of the Code of Criminal Procedure were recorded. The appellants claimed to be innocent.

(4). In defence, nine witnesses were examined. After hearing final submissions, learned Judge convicted and sentenced the accused appellants as indicated here-in-before.

(5). We have heard the submissions and carefully gone through the evidence adduced at the trial.

(6). So far as the cause of death of deceased Veervati and Rajveer is concerned, it is not disputed that their death was not natural one but was homicidal. Dr. Ravi Kumar Gupta (PW21), who was a member of the medical board, along with two other doctors, Ram Kumar Gupta and Madhu Mittal conducted the autopsy on the dead bodies of deceased Veervati and Rajveer on 14.3.1999 at the spot. According to the postmortem report of Veervati (Ex.P25) and the state

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