(Oral: Hon’ble Prafulla C. Pant, J.)

This appeal, preferred under section 374 of Code of Criminal Procedure, 1973, (for short Cr.P.C.), is directed against the judgment and order dated 19.05.1999, passed bys Sessions Judge, Nainital, in Sessions Trial No. 237 of 1995, whereby said court has convicted the three appellants Harbansh Singh, Harcharan Singh and Amarjeet Singh under section 302 read with section 34 of Indian Penal Code, 1860, (for short I.P.C.), and each one of them has been sentenced to imprisonment for life and also directed to pay fine of Rs. 5000/-. Appellants are further convicted under section 323/34 and under Section 324/34 and each one of the appellant is sentenced to rigorous imprisonment for a period of one year, under section 323/34 I.P.C. and rigorous imprisonment for a period of two years under section 324/34 I.P.C.

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

3. Prosecution story, in brief, is that on 19.03.1992 at about noon Amar Singh (deceased) was about to take his meals in his house situated in village Harayya, within the limits of Police Station Nanakmatta, when accused/appellants Harbansh Singh, Harcharan Singh @ Channi, Amarjeet Singh and one Jeet Singh armed with LATHIES and BALLAM (rod with sharp edged pointed blade at the end) came there. The accused/appellants told the deceased that since he has not allowed them to construct their house in the neighbourhood, they would finish him. Thereafter, all the three accused armed with LATHIES and BALLAM started assaulting Amar Singh. Jogendra Kaur (PW2) (wife of Amar Singh), and Munsha Singh (minor son of Amar Singh) came to save Amar Singh, along with complainant PW1 Sukhdev Singh (another minor son of Amar Singh). On which the accused assaulted them, and Jogendra Kaur (PW2) and Munsha Singh (PW5) also suffered injuries. Meanwhile, due to the alarm being raised, other persons from the neighbourhood rushed to the spot, and on seeing them accused ran away. Injured PW2 Jogendra Kaur and injured PW5 Munsha Singh went to Primary Health Centre, Sitarganj for medical treatment, and complainant PW1 Sukhdev Singh went to Police Station Nanakmatta to get lodged the First Information Report. He gave First Information Report (Ex. A1) at the Police Station at 15.10 hours, on the basis of which crime no. 42 of 1992, was registered relating to offences punishable under section 302 and 324 I.P.C. against the accused/appellants Harbansh Singh, Harcharan Singh, Amarjeet and one Jeet Singh . The investigation was taken up by PW7 Sub Inspector Ummed Ali. After the First Information Report was lodged, Police came to the spot and took dead body of Amar Singh in their possession, and prepared inquest report (Ex. A7), on the very day (19.03.1992). The Police further prepared sample seal (Ex. A-10), Police Form No. 13 (Ex. A-11), sketch of the dead body (Ex. A-12), and letter to Chief Medical Officer (Ex. A-8) for post mortem examination. The dead body was sent in a sealed condition for post mortem examination through PW6 Constable Surendra Sing. The post mortem examination was conducted on 20.03.1992, at 2.00 pm by PW4 Dr. N.S. Kanyal, who prepared autopsy report (Ex. A-4), and recorded as many as five ante mortem injuries. He opined that Amar Singh (deceased) had died due to shock and haemorrhage due to ante mortem injuries. Meanwhile, the Investigating Officer interrogated the witnesses and prepared Site Plan (Ex. A-13), after inspection of the spot. The injuries on the persons of the other two injured person namely (Jogendra Kaur and Munsha Singh were recorded by PW3 Dr. Mahendra Singh of Primary Health Centre, Sitarganj, who prepared injuries reports (Ex. A-2) and (Ex. A-3) on 19.03.1992. The Investigating Officer arrested the accused, and recovered one BALLAM from accused Harbansh Singh and prepared memorandum of recovery (Ex. A-5). On completion of the investigation, the Investigating Officer submitted charge sheet (Ex. A-18