Honble SHARMA, J.–Challenge in this appeal is to the judgment dated December 11, 2003 of Sessions Judge Jaipur District Jaipur whereby two appellants Raju Shikari and Bheem Singh were convicted and sentenced as under:-

Raju Shikari:

u/S. 302 IPC:

To suffer imprisonment for life and fine of Rs. 500/-, in default to further suffer rigorous imprisonment for six months.

u/S. 324 IPC:

To suffer rigorous imprisonment for six months.

u/S. 447 IPC:

To suffer rigorous imprisonment for three months.

u/S. 323, 34 IPC

To suffer rigorous imprisonment for three months.

Bheem Singh:

u/S. 302/34 IPC

To suffer imprisonment for life and fine of Rs. 500/-, in default to further suffer rigorous imprisonment for six months.

u/S. 324/34 IPC:

To suffer rigorous imprisonment for six months.

u/S. 324/34 IPC:

To suffer rigorous imprisonment for six months.

u/S. 447 IPC:

To suffer rigorous imprisonment for three months.

u/S. 323/34 IPC:

To suffer rigorous imprisonment for three months.

The substantive sentences were ordered to run concurrently.

(2). Chhanwa (since deceased) was admitted to the Emergency Ward of SMS Hospital Jaipur on March 7, 2001. Around 11.30 PM Chhanwa handed over a written report to the Head Constable of Police Station Kanota. It was interalia stated in the report that Raju Shikari and Bheem Singh Shikari entered into his hut and caused injuries with Chhura on his person. When his wife Bidami intervened she was also beaten up. On that report a case under Sections 307, 452, 323 and 324 IPC was registered. During the course of investigation Chhanwa succumbed to his injuries and Section 302 IPC was added. After usual investigation charge sheet was filed. In due course the case came up for trial before the learned Sessions Judge Jaipur District Jaipur. Charges under Sections 302, 302/34, 447, 341, 323, 323/34, 324 and 324/34 IPC were framed against the accused, who denied the charges and claimed trial. The prosecution in support of its case examined as may as 18 witnesses. In the explanation under Sec. 313 Cr.P.C., the appellants claimed innocence. Two witnesses in defence were examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3). Injuries sustained by Chhanwa were examined prior to his death and as per injury report (Ex. P. 25) he sustained following injuries:-

1. Stitched wound 7 cm over L. frontal area of scalp.

2. Stab incised wound 3 cm x 1/2 cm x ? depth over R. side ingunial region with clean cut regular well defined margins and fresh clotted blood.

3. Two incised wound 1 1/4 x 1/2 cm x skin deep and 1 3/4 x 1/2 cm x skin deep over penis.

Abrasion 1 x 1/2 cm x 2 x 1/2 cm knee R. shoulder.

After the death of Chhanwa autopsy on the dead body was performed by Dr. Rajesh Kumar Verma (PW. 17) and according to post mortem report (Ex. P. 24) the cause of death was shock due to injuries.

(4). We are surprised to note that it were the appellants who after causing injuries to Chhanwa, took him to hospital. Bidami (PW. 5) admitted this fact in her cross examination:-

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(5). It also appears that in the course of incident appellant Raju Shikari had also sustained injuries. Ashok Kumar, IO (PW. 16) in his cross examination deposed thus:-

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(6). From the testimony of Madan Singh (DW.1) and Prem Prakash (DW.2) it is established that Chhanwa was under the effect of intoxication at the time of incident. The fact situation that emerges from the material on record is that there was no motive behind the incident, the deceased and appellant Raju both sustained injuries and deceased had consumed liquor at the time of incident. Since the deceased and the appellants were neighbours, this possibility c

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