[Per : Hon’ble Prafulla C. Pant, J.]

Both these appeal, preferred under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.), are directed against the same judgment and order dated 21.11.2001, passed by learned Additional Sessions Judge/II F.T.C., Nainital, in Sessions trial No. 480 of 1997, whereby the accused/appellants Tulsa Ram, Bhupal Ram and Jagdish Arya are convicted under Section 302 read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred as I.P.C.); under Section 364 read with Section 34 of I.P.C. and under Section 333 read with Section 34 of I.P.C. Each one of the convicts (appellants) is sentenced to imprisonment for life (under Section 302/34 of I.P.C.); imprisonment for life (under Section 364/34 of I.P.C.) and rigorous imprisonment for a period of five years, and further directed to pay fine of Rs. 5,000/- (under section 333/34 of I.P.C.).

2. Heard learned counsel for the parties and perused the lower court record.

3. Prosecution story, in brief, is that on 04.06.1997, Chandra Mohan Singh Rawat (deceased) Station Officer of Police Station Lal Kuan, District Nainital, was checking registration certificates and driving license of a vehicle on the road, in front of Batra Transport Company Meanwhile, Sub Inspector Narendra Dev (P.W.3), Constable Manbir Singh, Constable Ram Kishan Singh (P.W.2) and Constable Malkhan Singh were on duty near main crossing of Lal Kuan, and getting vehicles parked on one side of the road, so that there may not be traffic jam. When Station Officer Chandra Mohan Singh Rawat (deceased) asked a ‘truckwala’ (Truck Registration No. DL-1GA/1134) to park his truck on the side of the road, a helper (accused/appellant Bhupal Ram) from the truck told him that when the driver comes back the truck would be moved. Soon thereafter, the driver (accused/appellant Tulsa Ram) of the truck came at 14:10 hours (02:10 P.M.) When he was told by the deceased to park the truck by the side of the road, he got annoyed and alleging that ‘Policewalas’ harass the public, dragged the Station Officer Chandra Mohan Singh Rawat (deceased) physically inside the truck with the assistance of the helpers, and took the truck towards south. On this, immediately Sub Inspector Narendra Dev (P.W.3) with other policemen chased the truck. When the truck reached near V.I.P. Gate, Station Officer Chandra Mohan Singh Rawat was thrown from the truck through a window and, thereafter, truck was made to run over the person of deceased, with intention to kill him. The chasing policemen in Gypsy immediately get the truck stopped, and apprehended the drive of the truck Tulsa Ram (accused/appellant) and helper Bhupal Ram (accused/appellant No. 2). Accused/appellant Jagdish Arya managed to escape at that time, but his name was disclosed by the persons, arrested on the spot. The injured Station Officer Chandra Mohan Singh Rawat was immediately taken to Base Hospital, Haldwani, for medical treatment by the policemen in Gypsy. During medical treatment on the very day i.e. 04.06.1997, Chandra Mohan Singh Rawat succumbed to the injuries. A first information report (Ext.A-1) was lodged by Sub Inspector Narendra Dev (P.W.3) with police station Lal Kuan on the very day (04.06.1997) at 16:00 hours against the accused/appellants Tulsa Ram, Bhupal Ram and Jagdish Arya, relating to offence punishable under Section 302 of I.P.C., which was registered as Crime No.332 of 1997. Investigation was taken up initially by Sub Inspector Jitendra Pal Singh (P.W.11). The dead body of the deceased was taken into possession by the police on the day of incident i.e. 04.06.1997, at 15:45 hours, and inquest report (Ext.A-3) was got prepared. The police also got prepared sketch of the dead body (Ext.A-4); letter to the Chief Medical Superintendent (Ext.A-5) requesting for postmortem examination; and the police form No.13 (Ext.A-6). The postmortem examination was also conducted on the very day i.e. 04.06.1997, at 0