Hon'ble CHAUDHARI, J.—This appeal and revision arise out of the Judgment dated 28.7.2006 passed by the Special Judge,(Decoity Affected Area Court), Karauli, hence, decided by a common judgment.

2. Appeal has been filed against the judgment dated 28.7.2006 passed by the Special Judge, Decoity, Karauli by which he convicted accused appellants under Sections 148 IPC and sentenced each accused to undergo rigorous imprisonment for two years and a fine of Rs.1000/-, in default of payment of fine, to further under go one month's rigorous imprisonment and convicted under Section 302/149 IPC and sentenced to undergo life imprisonment and a fine of Rs.5,000/- and in default of payment of fine, to further undergo five month's rigorous imprisonment and acquitted them u/Secs. 201, 396/149 IPC.

3. Revision has been filed by the petitioner against the judgment dated 28.7.2006 passed by the Special Judge, Decoity, Karauli, by which respondent No.1 to 3 have been acquitted under Secs. 148, 302/149, 201 and 396/149 IPC.

4. Brief facts of the prosecution case are that P.W.20 Kailash Bhagwati lodged FIR Ex.P-17 on 4.9.2001 and stated that as per information of Ram Singh, he along with other police personnels reached at Teli Ki Pansari at 10 A.M. and found two dead bodies in 'Nala' near road-side. Bhola Das was inscribed on the hand of one dead body. Both dead bodies had many injuries of sharp edged weapons and found blood and Chappel and sandles near spot. On this report, case was registered under Sections 302, 201 IPC and during investigation, it was found that dead bodies were of Bhola Das and Virendra Singh. After completion of investigation, challan was filed against Accused Saleem, Aasin, Islam, Fakruddin and Jakir Hussain under Section 302, 396, 397/149, 201 IPC in the Court of ACJM Hindoncity. Accused Fakruddin and Jakir Hussain, were shown as, absconding. Later on challan was filed against these two accused persons also under Section 302, 396, 397, 201 IPC in the Court of ACJM Hindon City and accused persons were committed to the Court of Special Judge Decoity, Karauli and charges were framed against accused persons under Sections 148, 302/149, 201, 396/149 IPC to which they denied. Prosecution examined 24 witnesses and after recording statements of accused persons under Section313 Cr.P.C and hearing arguments, accused appellants were convicted and sentenced as aforesaid and respondent No 1 to in Criminal Revision No.1269/06 were acquitted of the aforesaid charges.

5. Learned counsel for the accused appellants argued that prosecution has failed to prove that accused persons were last seen with the deceased persons, and extra judicial confession was made by accused Saleem and recovery of blood stained clothes and Chura (knife) were made at the instance of accused appellants, even then trial Court has committed error in convicting accused appellants, hence, appeal may be accepted and they may be acquitted of the charges. On the other hand, learned Public Prosecutor argued that trial court has given cogent reasons for conviction and prosecution has proved the case against the accused appellants beyond reasonable doubt, hence, appeal of the accused appellants may be dismissed.

6. Learned counsel for the petitioner, Motilal, argued that prosecution has proved case against respondent No. 1, 2 and 3, even then learned Trial Court has committed error in acquitting respondents of the charges levelled against them, hence, revision may be accepted and respondents may be convicted of the aforesaid charges.

7. Most of the prosecution witnesses have stated in their statements that Bhola Das and Virendra Singh died. P.W.20 Kailash Bhagwati, has prepared Memo of Dead Body, Ex.P-9 and Ex.P-10 and Panchayat Nama of Dead body Ex.P-7 and Ex.P.8 which reveals that Bhola Das and Virendra Singh died on account of injuries. P.W.I Dr. Ram Lal and P.W. 11 Dr. Vinod Kumar Sharma, who were members of the Medical Board, have stated that they conducted Post Mortem o