The appellants were found guilty based on the formation of an unlawful assembly with the common object of committing murder and causing injuries, as established by the motive, presence of deadly weapons, and joint use of dangerous weapons.

JUDGMENT :

S. L. KOCHAR, J.

1. The appellants/accused persons stood convicted under Sections 302/149 (two counts), 307/149, 324/149 (two counts), 323/149 (four counts) and 148 of the Indian Penal Code, each is sentenced to suffer R.I. for life (on each count), R.I. for four years , R. I. for one year (on each count), R.I. for six months (on each count) and R.I. for one year respectively by judgment dated 7-9-1998 passed in Sessions Trial No. 382/1994 by the learned First Additional Sessions Judge, Ujjain. All the substantive jail sentences have been directed to run concurrently. Aggrieved by this judgment of conviction and order of sentence, the appellants have lodged their grievance by filing this appeal.

2. Laconically, the facts of the prosecution case are that on 12-6-1994, Premsingh and Shankarlal at about 3,00 PM along with Bhanwarsingh (PW-2), Bahadursingh (PW-14), Sidhu (PW-15), Harlal (PW-16), and Ganesh (PW-17) had gone to Badri Patel at Village Tabarkheda to get their land-dispute amicably settled. Shankar and Prem went to call the sons of accused Mangilal and when they returned, they were followed by the accused persons armed with Dhariya, Farsi, axe, Sabbal and lathi and started assaulting Shankar and Prem as a result whereof they died on the spot. Sidhu and Harlal were also surrounded and assaulted as a result whereof they sustained grievous injuries. Harlal, Bahadur, Sidhu, Ganesh and Bheru sustained injuries by sharp edged weapons whereas Bhanwarsingh and Ramsingh sustained injuries. On coming from Tabarkheda, Reshambai narrated the incident to Ambaram (PW-1) and he took Chowkidar Madan (PW-18) to the place of occurrence and thereafter lodged the First Information Report Ex.P/1 at P.S.Tarana which was recorded by ASI Devda (PW-21). In this report Ambaram also stated that Premsingh had purchased some land from Kasturibai and Kasturibai had also sold the same land to the sons of accused Mangilal Mongiya and a lis about this was pending in the Court and that the accused persons have committed murder of Shankar and Prem and caused serious injuries to others. Mohansingh Devda (PW-12) sent a copy of the report to the Magistrate First Class, Tarana and reach at the spot, prepared Panchnamas of the dead bodies of Prem and Shankar vide Ex.P/4 and P/5 and sent it for post-mortem examination vide requisition letters Ex.P/22-A and P/23-A, which was conducted by Dr. Abbasali (PW-5) and issued their post-mortem examination reports Ex.P/22 and P/23 respectively. Dr. Abbasali also examined injured Harlal, Sidhu and Bahadur and issued their MLC reports Exs.P/19, P/20 and P/21 respectively. Dr. Anil Dube examined Ganesh, Bheru, Bhanwarsingh and Raisingh and gave their respective MLC Reports Ex.P/15, P/16, P/17 and P/18. Dr. Zamindar (PW-7) took X-Ray of Sidhu on 13-8-1994. His X-Ray report is Ex.P/30. PW-6 Dr. Vyas admitted him in Emergency Ward and referred him to M.Y. Hospital, Indore. His medical papers are Ex.P/24, P/25 and P/26. His medical report is Ex.P/27 while the Opthalmological and Dental reports of Harlal are Ex.P/28 and P/29. Clothes of deceased persons were seized vide seizure memos Ex.P/3 and P/33. Station House Officer (PW-20) Zala prepared the spot map Ex.P/63 and seized blood stained and controlled earth vide Ex.P/6. Similarly from another place, blood stained and controlled earth and a Baniyan soiled with blood were also seized vide Ex.P/8 and P/10. From the way to Tabarkheda, a pair of shoes of Harlal were seized vide Ex.P/12. From Store Keeper Maheshchandra (PW-3) bed head ticket of Sidhu and Bahadur were seized vide Ex.P/14. The appellants were arrested vide arrest memos Ex.P/34 to P/42. On disclosure statements under section 27 of the Indian Evidence Act, from Ex.P/43 to P/51 one Dhariya, one axe, Gendi, Farsi, Sabbal, a lathi, lathi, Lathi, and axe were recovered respectively at the instance of Babulal, Ratansingh, Harchand, Dariyaochand, Suresingh, Mangilal, Harinarayan, Ramchandra Sidhu and seized vide sei