1. Convicted by learned Additional Sessions Judge, Reasi under Sections 302/325/324/447/336/149 RPC by judgment of January 15, 2005 and sentenced each to:

(1) Imprisonment for life and fine of Rs.5000/- under Sections 302/149 R.P.C and in default of fine to rigorous imprisonment for two years;

(2) Five years rigorous imprisonment and a fine of Rs. 2000/- under Section 325 R.P.C and in default of fine to rigorous imprisonment for one year;

(3) Imprisonment for one year and a fine of Rs.500/- under Section 324 R.P.C and in default of fine to rigorous imprisonment for a period of two months;

(4) Rigorous imprisonment for a period of three months and a fine of Rs.250/- under Section 336 R.P.C and in default of fine to rigorous imprisonment for one month; and

(5) Imprisonment for three months and a fine of Rs.500/- under Section 447 R.P.C and in default of fine to rigorous imprisonment for a period of one month, by order of January 17, 2005, Mohd Khaliq, Mohd Razak, Mohd. Farooq and Mohd. Rafiq, have come up in appeal to this Court. Their appeal registered as Cr. Appeal No. 02/2005 has been heard with the confirmation Reference No. 01/2005 of Learned Additional Sessions Judge, Reasi.

2. FACTS:-

Two parties are stated to have quarreled in the afternoon of July 22, 1990 at village Dandakote, Darhal in District Rajouri. FIR No. 86 of 1990 lodged by one Mohd Lall at Police Station, Darhal says that, he along with Mujahid-Ul-Hassan had been fencing their land situated at village Dandakote when all of a sudden Mohd Khaliq, Mohd Razak, Mohd Farooq and Mohd Rafiq came exhorting, And with intention to kill, attacked them with axes, hoes and lathies. They pelted stones, and Mohd Malik snatched Mujahid-Ul-Hassans "Seciko" watch valuing Rs. 800/-.

FIR No. 87 of 1990 lodged by Mohd Razak appellant, on the other hand, says that there is old enmity between him and Mohd Lall and Mujahid-Ul-Hassan on piece of irrigated land at village Dandakote, which Mohd Lall and Mujahid-Ul-Hassan wanted to possess forcibly. It was on July 22, 1990, at about 12.30 P.M. that Mohd Lall, Mujahid-Ul-Hassan, Abdul Rehman, Abdullah and Khalid Mohd. trespassed his land, and letting loose their cattle, damaged his paddy crop. On knowing about it, he came on spot and told them not to indulge in damaging the crop, when all of them attacked and started pelting stones. Some persons came there to rescue him.

Mohd. Lall and Mujahid-Ul-Hassan were taken to a Hospital at Darhal. When Mujahid-Ul-Hassan started vomiting in the hospital, Mohd Ayub, Head Constable, finding his condition deteriorating, approached Dr. Abdul Hamid Mir, Block Medical Officer, Darhal to find out as to whether or not Mujahid-Ul-Hassan was fit to make statement. On Dr. Abdul Hamid Mirs issuing a certificate of fitness, Mujahid-Ul-Hassans statement was recorded by Mohd Ayub in presence of Dr. Abdul Hamid Mir who had attested it.

Mujahid-Ul-Hassan was shifted to Rajouri and thereafter to Government Medical College Hospital, Jammu and ultimately to Christian Medical College, Ludhiana, where he succumbed to the injuries.

After investigation of case FIR No. 86 of 1990, final police report under Section 173 Cr.P.C was laid before the learned Chief Judicial Magistrate, Rajouri, who committed the case to Learned Sessions Judge, Rajouri vide his order of September 14, 1990.

Finding a case under Sections 302/325/324/447/336/149 RPC against the appellants and additionally under Section 382 RPC against Mohd Malik, who had died during the trial of the case, made out, they were charged under the aforementioned offences. They pled `not guilty to the charge and claimed to be tried.

To sustain the charge, the prosecution examined Mohd. Lall (PW-1), Mohd. Riaz (PW-2), Abdul Rehman (PW-3), Wazir Mohd. (PW-4), Zulfkar Ali (PW-5), Allah Dar (PW-6), Mehboob-Ul-Hassan (PW7), Mohd. Sadiq (PW-8), Mohd. Riaz (PW-9), Mohd. Abdullah (PW-10), Ghulam Naib (PW-11), Dr. Mushtaq Hassan (PW-12), Dr. Abdul Hamid Mir (PW-13), Mohd. Ayub (PW