This appeal is filed by the appellants/accused against the

judgment of conviction and order of sentence passed on

16.11.2017 by the Principal City Civil and Session Judge at

Bengaluru in S.C.No.585/2011 whereby the Trial court sentenced

the appellants to undergo rigorous imprisonment for life for the

offence punishable under Section 302 r/w Section 34 of IPC with

a fine of Rs.10,000/- each, in default of payment of fine, the

appellants shall further undergo imprisonment for six months.

Further the trial Court sentenced the appellants to undergo

rigorous imprisonment for 10 years with fine of Rs.10,000/- each

for the offence punishable under Section 307 of IPC r/w Section

34 in default of fine. They shall undergo simple imprisonment for

six months.

Further the trial Court directed the appellants to undergo

rigorous imprisonment for five years with fine of Rs.10,000/-

each for the offence punishable under Section 333 r/w Section

34 of IPC, in default of payment of fine, they shall further

undergo simple imprisonment for six months.

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2.

Brief facts of the case are as follows:-

The complainant was working as Assistant Sub3Inspector

of Police in Railway Police Station, Bangalore. That on

07.11.2010, at about 3.00 p.m., he has lodged a complaint with

an allegation that, some unknown persons have stabbed P.W.7

who was working as his colleague in the Railway Police Station.

It is submitted that, P.W.7 was on duty on 07.11.2010 at

the Railway Station. He received an oral complaint from some

unknown persons stating that they had been robbed by some

unknown miscreants a wrist watch and cash of Rs.100/- from

them. It is further submitted that, the unknown persons who lost

their valuable have complained to P.W.7 and sought his help to

trace the miscreants. P.W.7 had accompanied those persons and

started searching the miscreants.

It is further submitted that, the unknown complainants

have identified the miscreants and told P.W.7 & the P.W.7 has

tried to take the miscreants to the Police Station and held the

collar of the miscreants. When the miscreants were being taken

to the Police station, one of the miscreants took his knife out and

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stabbed on the stomach of the P.W.7 and caused injury. P.W.7

even though sustained injury, held the accused firmly and tried

to drag the accused to the Police Station and again the accused

assaulted with the knife on the hand of P.W.7, as a result, P.W.7

had to lose the accused.

On seeing the assault being made by the accused to

P.W.7, one Sardarji had rushed to rescue P.W.7 and tried to

arrest the accused. In the scuffle, the Accused had stabbed on

the chest of the Sardarji, though said Sardarji sustained grievous

injury on his chest, he has managed to snatch the knife and hit

the accused.

Though the prosecution has stated, one more Sardarji had

sustained injury in the scuffle, and had taken treatment at

Commando hospital, he has not been examined.

Again the Prosecution submitted that, immediately the

staff of the Railway Police Force Police Station rushed to the spot

and shifted the injured to the hospitals, the injured Sardarji

succumbed to the injury and P.W.7 after having obtained the

treatment had survived. However, the accused have escaped

from the scene of occurrence.

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3.

On the basis of the complaint by PW.9 Hassan Khan,

a case came to be registered in Crime No.129/2010 for the

offences under Sections 302, 307, 333 r/w section 34 of IPC.

The police have conducted investigation and filed the

charge sheet against the accused persons for the above said

offences.

4.

On committal being made by the Magistrate Court,

the Sessions Court framed the charges against the accused

persons for the above said offences and read over and explained

in the language known to the accused persons. The accused

persons after understanding the said charges have denied the

charges and claimed to be tried.

5.

In order to appreciate the case of the prosecution,

the prose