The judgment emphasizes the importance of witness testimonies, medical evidence, and the sequence of events in establishing the guilt of the accused in criminal cases.

A.M. KAPADIA. J.:-

Challenge in this appeal, filed under Section 374 of the Code of Criminal Procedure (the Code, for short), is to the correctness of the judgment and order dated 19-3-2004 rendered in Sessions Case No. O5/2001 (1/2000) by the learned Addl. Sessions Judge (Fast Track) No.1, Sirohi. .

2. By the impugned judgment and order, appellant No. 1 Sikander Khan (A-l for short), has been convicted for the offences under Sections 302, 307, 324 and 352 of IPC and has been sentenced to imprisonment of life and fine of Rs. 5,000/- in default to one year imprisonment under Section 302, IPC: seyen years R.I. and fine of Rs. 5,000/-in.default of payment of fine one year imprisonment: Under Section 307, IPC, one year R.I. and fine of Rs. 1,000/- in default of payment of fine one year imprisonment under Section 324, IPC and one month R.I. under Section 352, IPC, whereas Appellant No.2 Zahlr Abbas (for shortA-2) has been convicted for commission of the offence punishable under Section 302/34, 307/34, 324/34 and 352/34 of IPC and sentenced to imprisonment of life and fine of Rs. 5,000/in default one year imprisonment under Section 302/34, IPC, seven years R.I. and fine of Rs. 5,000/- in default of payment of fine one year imprisonment under Section 307/34, IPC, one year R.I. and fine of Rs. 1,000/- and in default of payment of fine one years imprisonment under Section 324/ 34, IPC and one month R.I. under Section 352/34, IPC. It is also ordered that sentences awarded to both the accused shall run concurrently.

3. The prosecution case, as disclosed from the FIR, and unfolded during trial is as under:

3.1 On 3-11-1999, Informant P.W. 3 Gopal Singh, submitted a written report to SHO PS Pal sri (M) at about 5.30 p.m., wherein it was inter alia alleged that on that day, when he was going near Mohabat Singhs STD Booth, he saw that his real brother Surender Singh was caught by A-2 Zaheer Abbas from backside and A-1 Sikander Khan had a knife in his hand. A-2 Zaheer Abbas asked his brother to kill Surender Singh by knife so A-I Sikander Khan gave a knife blow on the left side of the chest of Surender Singh, due to which blood came out and thereafter, he gave another blow on the left ribs of Surendra Singh. At that time, Ishwar Singh came to rescue him who was also caught by A-2 Zaheer Abbas and then A-2 Zaheer Abbas told his brother to stab Ishwar Singh also, so A-I Sikander Khan stabbed knife blow on Ishwar Singhs left ribs. Surendra Singhs the younger brother Inder Singh came from STD Booth, so he, Inder Singh and Champalal tried to escape and then A-1 Sikander Khan tried to inflict knife blow to Inder Singh also but he escaped else Champalal also might get sonie injury. At the relevant time, public assembled there and seeing them, A-1 Sikander Khan and his brother ran away from the place of occurrence. Act Sikander Khan was blowing the knife in his hand by saying that, he would kill anyone if anybody came near him. Surender Singh and Ishwar Singh were brought to hospital at Palari by complainant and Inder Singh, where Surender Singh was declared dead by the doctor and Ishwar Singh was referred to Sirohi hospital as he was serious and while they were going to Sirohi Ishwar Singh told that on that day at Posaliya. Market A-I Sikander and A-2 Zaheer Abbas were standing in the middle of the road with cycle.

3.2 So far as motive of crime on the part of accused is concerned, it is alleged by prosecution witnesses that complainant and Surender Singh were passing through the road on a tractor then complainant and Surender Singh asked the accused persons to leave the road side. On this, some altercation took place and accused persons then went to their houses and brought knife and gave blows of knife to kill them.

3.3 On the basis of aforesaid written report FIR No. 150/1999 was registered at PS Palsri (M), after lodging of the report, police registered the case against accused A-I under Sections 302.307.324 and 352, IPC and against A-2 under S