JUDGMENT

Rajeev Kumar Shrivastava, J. - The present appeal under Section 374 (2) of CrPC has been filed challenging the judgment of conviction and sentence dated 29-11-2011 passed by Second Additional Sessions Judge (Fast Track Court) Vidisha (MP) in Sessions Trial No.02 of 2010, by which appellants have been convicted under Section 302 /149 of IPC and sentenced to undergo life imprisonment with fine of Rs.1,000/- each; for commission of murder of deceased Ganeshram and under Section 307 /149 of IPC, sentenced to undergo life imprisonment with fine of Rs.1,000/- each; for commission of murder of deceased Babloo and further, under Section 307 /149 of IPC, sentenced to undergo seven years RI with fine of Rs.500/- each for attempting to commit murder of complainant Ramu with default stipulations. Accused Hukum Singh and Pooran Singh have been convicted under Section 148 of IPC and sentenced to undergo RI of two years with fine of Rs.500/- each; with default stipulation while rest of accused have been convicted under Section 147 of IPC and sentenced to undergo two years RI with fine of Rs.500/- each; with default stipulation.

2. In brief, the prosecution case is that an information was given by Vinod (brother of complainant Ramu) on telephone that on 18-10-2009 that at around 07:00-08:00 pm his mother Rambai was set on ablaze by pouring kerosene on her by accused Omkar, Pooran and Pratap and thereafter, he along with maternal uncle Ganeshram and cousin Babloo went on the motorcycle from Ganjbasoda to see his mother Rambai and when they reached village at around 12:30 O'clock, they saw that all accused persons armed with ballam, sword, luhangi and lathi are attacking with intention to kill the complainant and his maternal uncle Ganeshram and brother Babloo. When they tried to save themselves, all the accused persons assaulted them and killed deceased Ganeshram and Babloo. At around 05:15 am, in the morning of next day, SHO of Police Station Kurwai, Ramkishore Gautam (PW13) reached the spot and recorded a Dehati Nalishi and on the basis of Dehati Nalish FIR vide Crime No.248 of 2009 for offences under Sections 147 , 148, 341, 307, 324, 323, 302 of IPC was registered against appellants-accused Ex.P6 and a merg was recorded under Section 174 of CrPC vide Ex.P7 on getting merg intimation. During investigation, SHO of Police Station Kurwai, namely, Ramkishore Gautam (PW13) recorded the spot map and Naksha Panchnama of dead body of deceased Ganeshram vide Ex.P9 and ExP11 as well as safina forms was prepared vide Ex.P10. Dr. PK Jain (PW1) examined the complainant injured Ramu and the postmortem of deceased Ganeshram and Babloo was conducted vide Ex.P3 and Ex.P5. From the spot, bloods-stained and plain soil were collected and incriminating articles viz. sword, Ballam, Plastic shoes, Belt and knife were seized vide seizure memo Ex.P13. From the road, three motorcycles were seized vide Ex.P13 and Ex.P.14 On 26-11-2009 in PHC Kurwai clothes of deceased Ganeshram and Babloo were seized vide Ex.P43 and Ex.P44 pand thereafter, the same were sent to FSL for examination. FSL report is Ex.P46. Thereafter, the police arrested accused persons and seized the weapons, recorded the statements of witnesses and after completion of investigation and other formalities, filed charge sheet before Court of JMFC Kurwai for offences under Sections 147 , 148, 149, 302, 307, 341, 323, 324 of IPC from where, the case was committed to the Sessions Court for its trial. The trial Court framed charges against appellants under Sections 148 , 307/149, 302/149 of IPC. Statements