Judgment Shiv Kumar Sharma, J.-The appellants were the accused on the file of the learned Additional Session Judge Sambhar Lake, Distt. Jaipur bearing Sessions Case No. 45 of 1992. They were found guilty, convicted and sentenced as under: 1. Gopal2. Moolchand @ Murli 3. Sagar s/o Rekharam 4. Rameshar- Bhuvana 5. Nivan Ram 6. Molak 7. Rameshwar S/o Mana Ram 8. Bhola Ram 9. Jodha Ram 10. Sheo Ram 11. Babulal 12. Hira Lal 13. Chhittar 14. Ram Chandra 15. Banna Ram 16. Nathu Ram 17. Bhanwar Lal 18. Dana Ram 19. Surja Ram 20. Prahlad 2 Nanu Ram 22. Sagar S/o Murli 23. Mohan 24. Asha Ram 25. Jagdish u/ IPC u 147 . Sec/ IPC u 302 . Sec/. S436/149 IPC u/Sec. 323 IPC u/Sec. 324/149 IPC u/Sec. 449 IPC u/Sec. 395 IPC u/Sec. 147 IPC u/Sec. 302/149 IPC u 436/149 IPC u/Sec. 323 IPC u/Sec. 324/149 IPC u/Sec. 449 IPC u/Sec. 395 IPCTwo years R.I. Sectence of death 10 years R.I. and fine of Rs. 10,000 (in default to further undergo one year R.I. One year R.I. Two year R.I. Rigorous Life Imprisonment and fine Rs. 10,000 in default to undergo one year R.I. 10 year RI and fine o Rs. 10,000 (in default to undergo one year R.I. Two Year R.I. Rigorous Life Imprisonment 10 years R.I. and f of Rs. 10,000 (in default to further undergo one year R.I. One year R.I. Two year R.I. Rigorous Life Imprisonment and fine Rs. 10,000 in default to undergo one year R.I. 10 years R.I. and fine of Rs. 10,000/-(i default to undergo one year R.I.) All the sentences were directed to run concurrently but the sentences passed in default of making payment of fine were ordered to run one after the other. Accused Khinva Ram and Ladu Ram had died during the trial, therefore, proceedings against them were dropped. Proceedings against accused Sunda Ram being juvenile, were also dropped. Accused Rekha Ram, and Murli son of Sukhdev were acquitted of all the charges. 2. Learned Additional Sessions Judge Sambharlake made reference (bearing Death Reference No. 1/2000) under Section 366 Cr.P.C. for confirmation of death sentence awarded to accused appellant Gopal, who also assailed the findings of the learned Judge by preferring two appeals under Section 374(2) Cr.P.C. bearing Nos. D.B. Cr. Jail Appeal No. 200/2000 and D.B. Cr. Appeal No.186/2000. 2. Learned Additional Sessions Judge Sambharlake made reference (bearing Death Reference No. 1/2000) under Section 366 Cr.P.C. for confirmation of death sentence awarded to accused appellant Gopal, who also assailed the findings of the learned Judge by preferring two appeals under Section 374(2) Cr.P.C. bearing Nos. D.B. Cr. Jail Appeal No. 200/2000 and D.B. Cr. Appeal No.186/2000. Other 24 appellants also preferred appeals bearing Nos. D.B. Criminal Appeal No. 187/2000 and 182/2000. Bhoma Ram Sb Ramu Ram who was appellant No. 5 in D.B. Criminal Appeal No.187/2000 died on July 9, 2000 during the pendency of the appeal. Learned counsel Shri Bin Singh made an application to this effect along with the death certificate of Bhola Ram on March 28, 2001. We are satisfied that accused appellant Bhoma Ram son of Ramu Ram is dead, therefore, we drop the proceedings against him. 3. It is well settled that on a reference for confirmation of the sentence of death, the High Court is under an obligation to proceed in accordance with the provisions of Sections 366 and 368 Cr.P.C. The High Court must not only to see that the order passed by the Sessions Court is correct but also to examine the entire evidence itself independently of the Sessions Court’s appraisal and assessment of that evidence. 4. Bearing in mind the above principle we may straight-away proceed to state, with brevity, the case of the prosecution presented for our scrutiny. Written report (Ex.P. 1) came to be lodged by informant Nand Lal (PW.5) with the Police Station Renewal at 3.45 p.m. on Jan. 16, 1991 stating therein that as many as 60 persons armed with Pharsies attacked the house of his brother Dhanna Lal son of Narain Lal Jat of Basdi Khurd. They gave beating to Dhannalal, undressed the ladies, lit fire to the house and robbed his ornaments and property. An immediate intervention of the police was prayed for by the informant. Police Station Renewal registered a case bearing FIR No. 18/91 Under Sections 147, 148, 149, 436 393/323 1PC and investigation commenced. Head Constable No. 355 Gopal Sharma proceeded towards the place of occurrence. A look at the Inquest Report (Ex.P.3) occurrence. A look at the Inquest Report (Ex.P.3) demonstrates that Head Constable gopal Sharrna alongwith constables Tulsi Ram and Bhim Singh when reached at the spot, they found the dead body of Dhanna Lal son of Narain. Head Constable No. 355 Gopal Sharma proceeded towards the place of occurrence. A look at the Inquest Report (Ex.P.3) occurrence. A look at the Inquest Report (Ex.P.3) demonstrates that Head Constable gopal Sharrna alongwith constables Tulsi Ram and Bhim Singh when reached at the spot, they found the dead body of Dhanna Lal son of Narain. They sent wireless message to higher officials and added Section 302 IPC. At 9.00 p.m. Nathmal Pareek SHO (PW.9) reached there and he put his signatures on the Inquest Report, it appears that Head Constable Gopal Sharma reached at the place of occurrence at 5 p.m. Post Mortem of the dead body of Dhanna Lal was conducted on January 17, 1991 at 8 a.m. by Dr. Keshav Behari (PW.6) and Dr.R.S. Shekhawat (PW. 15). According to the Post-Mortem Report (Ex.P.7) deceased Dhanna Lal had sustained as many as 15 injuries out of which two lacerated wounds on left parietal region and right side of forehead, five lacerated wounds on lower lip, left thigh, left forearm, right leg and post aspect 1/3 of left arm, multiple abrasions on left leg, scapular region to sacrum and bruised areas. Bruises on left thigh and left arm. All these injuries were anti-mortem. Deceased also sustained post mortem burn injuries on right forearm, right thigh and complete right leg on postero lateral aspect and anterior aspect of right foot (dorsal surface). The cause of death was shock due to fracture of left parietal bone and laceration of the brain tissue and adjoining vessels of the brain. 5. Site wasinspected and Memo of site plan w is drawn with description. Injury report of Narain Lal (PW. 1) the father of deceased is E x.P.8. The accused were arrested and recovery memos of weapons at the instance of the accused persons were drawn. Golden Murkis alleged to have been snatched from the ears of Narain Lal were also recovered. The Forensic Science Laboratory Report is Ex.P.104. On conclusion of investigation the charge sheet was filed against the appellants and other co-accused persons. 6. In due course the case came up for trial before the learned Additional Sessions Judge Sambharlake. The trial Court framed charges under Sections 147, 302/149, 436/149, 395/149, 324/149 and 460 IPC against the appellants who denied charges and claimed trial. The prosecution examined as many as 18 witnesses. 6. In due course the case came up for trial before the learned Additional Sessions Judge Sambharlake. The trial Court framed charges under Sections 147, 302/149, 436/149, 395/149, 324/149 and 460 IPC against the appellants who denied charges and claimed trial. The prosecution examined as many as 18 witnesses. Thereafter explanation of the accused appellants under Section 313 Cr.P.C. was recorded. The accused denied the allegations and claimed innocence. Evidence in defence was led by the accused appellants. The learned trial Court after hearing the final submissions convicted and sentenced the accused appellants as indicated hereinabove. 7. Before dealing with the submissions advanced by the learned counsel for the appellants we would like to indicate the nature of the evidence led by the prosecution in support of the case. To begin with thee is a central evidence consisting of six eyewitnesses, Narain (PW. 1) Bhura (PW.2) Smt. Santosh (PW.3), Manohar (PW.4), Nand Lal (PW.5) and Smt. Bhagli (PW. 14), who were allegedly present near the place of occurrence. This evidence is soaght to be corroborated by SHO Nath Mal Pareek (PW.9) who recovered the weapons of offence at the instant of the accused appellants. Bhiwa Ram (PW.7) Bholu Ram (PW.8) and Sukh Ram (PW. 12) are motbirs of recoveries. Dharam Singh ACJM (PW.7) conducted test identification parade of Golden Murkies. 8. Let us now scan the credibility of the prosecution witnesses through whom the prosecution has to establish that the case against the appellants has been proved beyond reasonable doubt. Coming to the testimony of Narain (PW. 1) it is to be noticed that he is the father of deceased Dhanna. His injury report is Ex.P.8 according to which he sustained as many as eleven injuries out of which one is incised wound on right leg, four lacerated wounds on left leg, left thigh, left ear lobule and left forehead region. He also sustained four abrasions on left leg, left thumbs and right leg and a bruises on both sides of back. In this deposition he stated that in the early hours of morning when he, Dhanna, Dhanna’s wife, Manna, Manna’s wife and Bhura were at their house, about 35 persons armed with lathies, axe, Gainli and Sariya came over there and stationed at the well belonging to Aslya. In this deposition he stated that in the early hours of morning when he, Dhanna, Dhanna’s wife, Manna, Manna’s wife and Bhura were at their house, about 35 persons armed with lathies, axe, Gainli and Sariya came over there and stationed at the well belonging to Aslya. Thereafter three police persons Bheeva, Talchha and Gopal had a talk with those persons at the well and reached near his house and asked Dhanna about the gun. They searched the house but did not find any gun. When they came out of the house at about 11 a.m. Dhanna told him that he had apprehension of his death from the persons assembled at the well, therefore, he needed protection of police but police persons refused to extend any help to him and went towards the village. All those persons then encircled the house of Dhanna and started pelting stones, Dhanna’s wife and Manna entered inside the house and he (Narain) and Bhura remained outside. Manna’s wife entered into kitchen. Accused Kheenva lifted Pula (Bundle of dry grass) Asia ignited fire and threw it on the chhappar (shed) of the kitchen. Finding the kitchen in the flames of fire when Manna’s wife came out of the kitchen, accused Nathu son of Rekha inflicted lathi blow on her person and Bhonraya son of Asia snatched her golden neckless. Thereafter, Danya son of Mana and Sagrya son of Murlya with the help of gainti, started demolishing the house of Dhanna. Accused Bhanwar and Gopal instigated to dig the roof of the house. Thirteen stone patties (slabs) were thereafter removed. Pulas were ignited with fire by Bhonrya son of Asia and they were thrown inside the roofless structure. Thereafter, they said ‘Dhanna is dead’ and they extinguished fire with the help of water. Bhanwarya, Gopalya, Sagrya, Jivan Nath, Mohnya, Rameshwarya, Natye, Sagrya son of Rekha, Danya, Ramshwarya son of Manya Prahlad broke open the door and entered inside the house and dragged the body of Dhanna out of the house. Dhanna was alive at that time. Gopalya, Bhonrya and Mulya inflicted Gainti blows on the person of Dhanna. Gopalya inflicted Gainti blow on temporal region of Dhanna. Bhanwarya inflicted Sariya blow, Natiya son of Rekhla inflicted lathi blow on the head. Rameshwar son of Marya inflicted Sariya blow on his forehead. Dhanna was alive at that time. Gopalya, Bhonrya and Mulya inflicted Gainti blows on the person of Dhanna. Gopalya inflicted Gainti blow on temporal region of Dhanna. Bhanwarya inflicted Sariya blow, Natiya son of Rekhla inflicted lathi blow on the head. Rameshwar son of Marya inflicted Sariya blow on his forehead. When he (Narain) made hue and cry Jagdish inflicted axe blow on his forehead, Natya son of Rekhla also gave beating. Sagrya son of Rekhla snatched golden Murki, (earning) from his ear. On being instigated by Gopalya Asia, Kheenwla, Bhurya and Gopala entered inside the house, broke open the box and left. 9. Bhura (PW.2) deposed that he had gone to the house of Dhanna two days after the ‘Sankranti’. As many as thirty persons gathered at the well near his house. They were abusing and threatening Dhanna to kill. In the afternoon three police persons came and enquired about gun from Dhanna and searched his house. Dhanna told that he did not have a gun but only possess a Gajgundi (hand made blasting instrument used to frighten animals). Dhanna then said that his life was in danger and requested police persons to help him bill they did not pay and heed and left. Thereafter, the persons who had gathered at the well, surrounded Dhanna’s house and started pelting stones. Dhanna rushed inside his house. Accused Bhanwra and Gopal bolted the house from outside. They gave beating to Narain who remained out. Munna’s wife entered in the kitchen. Bhanwara, Aasa, Khema and Gopal lit Fire on the kitchen. Munna’s wife came out. They inflicted lathi blows on her person. Thereafter, Bhanwara, Gopal, Nathu, Sagar and two three other accused climbed on the roof and started demolishing it. After the roof completely broken Kherma and Aasha handed over ‘Pulas’ to Bhanwar and Gopal, who ignited fire. Moola Ram and Aasha then asked him (Bhura) to fled. In the meantime some body inflicted lathi blow on his left leg and he then ran away from that place. This witness could only recognise Khemaram, Aasha, Rekha, Jeevan, Sagar, Murli, Gopal, Bhanwar and Nathu in the trial Court. 10. Smt. Santosh wife of Manohar (PW.3) in her deposition stated that about thirty to thirty five persons armed with lathies, Gainli, axe and Jailies gathered at the well near their house and started abusing them. This witness could only recognise Khemaram, Aasha, Rekha, Jeevan, Sagar, Murli, Gopal, Bhanwar and Nathu in the trial Court. 10. Smt. Santosh wife of Manohar (PW.3) in her deposition stated that about thirty to thirty five persons armed with lathies, Gainli, axe and Jailies gathered at the well near their house and started abusing them. In the afternoon Renwal Police came and inquired about the gun. Her father-in-law Dhanna then showed Gajgundi. When police proceeded back, Dhanna requested to protect his life but the police declined the request and left. Thereafter, the persons who had gathered at the well came near to their house and surrounded it. They started pelting stones. Dhanna entered in the house. She rushed to the kitchen. They put fire in the kitchen and she had to come out. Nathu inflicted lathi blow on her person. Sagar Murli, Jagdish and Bhanwar torn her clothes. Bhanwar snatched her golden neckless. Thereafter, Gopal, Bhanwar, Jeewan, Molak, Nathu, Sagar son Rekhe, Dana, Rameshwar, Sagar son of Murli and Prahlad climbed over the roof Sagar and Dana started demolishing roof and after removing the roof they put fire in the house. Dhanna prayed for his life. They extinguished fire and jumped inside the house and gave beating to Dhanna who made hue and cry. They dragged Dhanna out and Gopal inflicted Gainti blow on his temporal region. Bhanwar inflicted Sariya blow on the temporal region. Nathu inflicted lathi blow on his head. Rameshwar also inflicted lathi blow on his head. Taking Dhanna dead, Gopal and Bhanwar instigated to burn the body and then they put fire on the body. Her grand father-in-law (Narain) when shouted, Bhanwar inflicted Sariya blow on his forehead, Nathu inflicted lathi blow on his head and Jagdish inflicted axe blow on his forehead. Sagar snatched his golden Murkies (earrings). Thereafter, Gopa], Bhanwar, Khema and Aasha entered the house, broke open the box and took away ornaments and valuable clothes. 11. Manohar (PW.4) and Smt. Bhagli (PW. 14) almost repeated the aforesaid version and corroborated the testimony of Narain, Bhura and Smt. Santosh. Nand Lal (PW.5) is the informant who lodged the FIR with the police station. According to his statement under Section 161 Cr.P.C. (Ex.D.4) he is not an eye witness but he made improvement in his testimony recorded by the trial Court. 12. Dr. 14) almost repeated the aforesaid version and corroborated the testimony of Narain, Bhura and Smt. Santosh. Nand Lal (PW.5) is the informant who lodged the FIR with the police station. According to his statement under Section 161 Cr.P.C. (Ex.D.4) he is not an eye witness but he made improvement in his testimony recorded by the trial Court. 12. Dr. Keshar Behari (PW.6) deposed that on January 17, 1991 he alongwith Dr.R.S. Shekhawat (PW.15) conducted post-mortem of the dead body of Dhanna. He found as many as 15 injuries on the body, out of which injuries No. 1 to 11 were antimortem and and burn injuries No.12 to 15 were caused after the death of Dhanna. He also examined the injuries of Narain, that were eleven in number out of which injury No. 1 on right leg was caused by sharp edged weapon. Dr. R.S. Shekhawat (PW. 15) also exhibited the post-mortem report (Ex.P.7) and proved his signatures. 13. GopalLal (PW. 16) in his deposition stated that on January 16, 1991 he was posted as Head Constable at Police Station Renwal. When the FIR Ex.P. 1 was produced before him he was incharge of Thana. SHO Nathmal was not present at the police Station. He reached at the place of occurrence which was 5 km. away from the Police Station after an hour and sent wireless message to the higher officials. He also admitted to have one to village Basdi in connection with the investigation of another case. 14. Nathmal Pareek SHO (PW.9) stated that on January 16, 1991 he was posted as SHO Police Station Renwal but had gone to Jaipur in connection with the official duly. In his absence Gopal Sharma Head Constable was incharge of Thana. When at 9 p.m. he came back to Renwal he found a case bearing No. 18/91 registered, therefore, he proceeded to the place of occurrence at village Basdi. Head Constable had already reached there. He had drawn site plan and Inquest Report. Dead body of Dhanna was identified by Nand Lal. After post-mortem, the dead body was handed over the Nand Lal. He also got medically examined the injured Narain Lal and recorded the statements of Nandlal, Narain Lal, Manohar Lal, Smt. Bhagli, Smt. Santosh, and Shrawan on January 18, 1991, He had also drawn recovery memo of blood stained clothes of the deceased Dhanna. After post-mortem, the dead body was handed over the Nand Lal. He also got medically examined the injured Narain Lal and recorded the statements of Nandlal, Narain Lal, Manohar Lal, Smt. Bhagli, Smt. Santosh, and Shrawan on January 18, 1991, He had also drawn recovery memo of blood stained clothes of the deceased Dhanna. He also recovered blood stained soil from the spot and had drawn recovery memo. He arrested the appellants and had recovered the weapons of offence at their instance. He also recovered golden earrings of Narain at the instance of’ appellants Sagar and Moolchand Murli and had drawn recovery memos and after competition of investigation filed charge-sheet. 15. Bhiwa Ram (PW.7) Bholu Ram (PW.8) and Sukh Ram (PW.12) are the Motbirs of recoveries affected by the SHO Nathmal Pareek and Shri Dharam Singh ACJM conducted the identification parade of golden earrings. Om Prakash (PW. 10) is the constable who deposited 25 sealed packets with the FSL. Rameshwar (PW. 13) is the photographer who exhibit the photographers of the deceased and place of occurrence. Girdhari Singh (PW. 18) is the incharge Malkhana who handed over 25 sealed packets to Om Prakash (PW.10) for depositing at F.S.I. 16. Mr. S.R. Bajwa, learned Senior Counsel for the appellants canvassed that the genesis and the origin of the present occurrence appears to be shrouded in deep mystery. The dramatic manner in which the assault is said to have started and the appearance of the accused persons without any rhyme or reason and their assault on persons against whom they had neither any concern or animus introduces an element of inherent improbability in the case. There is no evidence to show that there was bad blood between the deceased Dhanna and the accused persons. It is impossible to believe that thirty persons would join hands in the nefarious plan to kill Dhanna without any provocation, without any earthly reason and without any pertinent occasion. Learned counsel, therefore, contended that in this view of the matter, the prosecution case itself becomes wholly improbable. 17. Itis next urged by the learned counsel that FIR (Ex.P.1) is cryptic. Nand Lal (PW.5) who has narrated the eye-witness account of the incident in his statement, did not even name the accused persons in the FIR. Even the fact in regard to murder of Dhanna did not find place in it. 17. Itis next urged by the learned counsel that FIR (Ex.P.1) is cryptic. Nand Lal (PW.5) who has narrated the eye-witness account of the incident in his statement, did not even name the accused persons in the FIR. Even the fact in regard to murder of Dhanna did not find place in it. This act of informant Nand Lal further wrapped the origin of the incident in the sheet of darkness. The alleged eye-witnesses were not examined on the day of the incident, though they were available in the village and SHO Nath Mal Pareek had reached there at 9 p.m. The SHO Nathmal Pareek planted the recoveries of weapons and Golden earrings. The articles were not produced in the trial Court. There were no particular marks over the golden earrings that could suggest that they belonged to Narayan. No corresponding injuries were found on the ear lobs of Narain. Unless ear lob is teared earrings cannot be snatched. The earrings were not stained with blood and recovery of earrings is take. 18. It is thither contended by the learned counsel that Head Constable Gopal (PW. 16) did not say about the earlier incident and concealed the memo of search of the house of deceased Dhanna which he conducted just before the occurrence. In the presence of the police persons how could the incident take place? Presence of three police persons at the scene of occurrence is a very important link which is conspicuously missing in the prosecution story. 19. Learned counsel also submitted that on the day of the incident from 5 p.m. to 10.30 p.m. identity of the accused persons were not known as is evident from the Inquest Report. The investigating Officer made no attempt to associate independent witness of the incident. AH the alleged eye witnesses narrated tutored version. There are material contradictions in their statements. Narain is an old man who neither can see properly nor hear. He admits this fact in his cross-examination. Bhura is a relative of the deceased and a chance witness. His presence at the time of incident in doubtful. Though he sustained lathi blow but there is no medical report to support his version. Testimony of Smt. Santosh is quite laconic. She disowned ever her statement recorded during trial by the learned trial Court. She did not identify the accused but narrated their names which is strange and unusual. His presence at the time of incident in doubtful. Though he sustained lathi blow but there is no medical report to support his version. Testimony of Smt. Santosh is quite laconic. She disowned ever her statement recorded during trial by the learned trial Court. She did not identify the accused but narrated their names which is strange and unusual. Statements of Smt. Bhagli and Manohar are self contradictory and no reliance can be placed on them. It is also improbable that after finding a violent group at the nearby well Dhanna did not make any attempt for safety. Who prevented Dhanna from running away from his house though ample opportunity was there. The prosecution also failed to explain post death burns found on the dead body. There was a gap of one hour between the death and the burns. Though according to the version of the witnesses the assailants were more than thirty but the deceased Dhanna and injured Narain sustained less injuries. If the group of assailant was violent then why they left Narain alive? The prosecution also failed to explain as to what was the common object of the assailants. If the assailants gathered to kill Dhanna then who prevented them from using sharp edged weapons? Why Dhanna did not receive any injury by sharp edged weapon? Why the police did not recover the torn clothes of Smt. Santosh? Why half burnt stocks of Juwar or ash were not recovered from the broken house of Dhanna? Why broken door and window were not seized? Why Gainti alleged to have been used by the assailants was not recovered? Why broken stone slabs were not recovered? Graphic description of the incident as narrated by the witnesses, was not possible. Many new theories were introduced by the witnesses during the trial. Theories of breaking the roof and snatching away earrings were narrated for the first time before the trial Court. Site plan of well where the assailants assembled was not prepared. Witnesses were also assaulted by the accused but the trial Court did not frame charge for this act. The accused were only charged under Section 147 IPC which means that they were not armed with lethal weapons. Whey charge under Section 148 IPC was not framed. This is a case of gross over implication of the accused persons. Witnesses were also assaulted by the accused but the trial Court did not frame charge for this act. The accused were only charged under Section 147 IPC which means that they were not armed with lethal weapons. Whey charge under Section 148 IPC was not framed. This is a case of gross over implication of the accused persons. The prosecution has placed all chaff and no grain and, therefore, all the appellants deserve to be acquitted. Reliance is placed on various judicial pronouncement. Learned counsel Sarva Shri Bin Singh, N.A. Naqvi and S.C. Gupta almost adopted the submissions advanced by Shri S.R. Bajwa. .20. Per contra Mr. R.S. Agarwal learned Public Prosecutor for the State of Rajasthan and Mr. Jagdeep Dhankar learned Senior Advocate for the complainant contended that the appellants acted in calculate manner to eliminate Dhanna. They formed unlawful assembly with this object and assembled at the well near the house of Dhanna. But it appears from the testimony of the witnesses that they were under the apprehension that Dhanna might possess a gun, therefore, they called the police for conducting the search of Dhanna’s house and when they found that he only had ‘Gajgundi’ an instrument used to frighten the animals, they waited police to go and thereafter, surrounded the house of Dhanna and killed him in a brutal manner. Nathmal .Pareek SHO in his deposition stated that the accused on the said day instituted a report of theft which was registered as case No. 17. Gopal Sharma Head Constable also deposed that he had gone to village Basdi to investigate another case. Thus the version of the eye- witnesses stood corroborated by Nathmal Pareek and Gopal Sharma and inconsistency between the ocular and medical testimony is not material. The witnesses who are the illiterate villagers were subjected to very lengthy cross-examination that continued for days together and under these circumstances, the contradictions in their statement are not material. The testimony of the eyewitnesses, if appreciated from the point of view of trustworthiness, they are reliable. It is further contended that it is not necessary to name the accused persons in the Inquest Report. The FIR is not cryptic, it was lodged to secure police assistance and no prejudice was caused to the accused if charge under Section 148 IPC was not framed. It is further contended that it is not necessary to name the accused persons in the Inquest Report. The FIR is not cryptic, it was lodged to secure police assistance and no prejudice was caused to the accused if charge under Section 148 IPC was not framed. The infirmities shown by the learned counsel for the accused are not material in the facts and circumstances of this case. Reliance is placed on the various authorities, that shall be dealt with at appropriate juncture. .21. After closely scrutinising the material or record we noticed the following salient features in the prosecution evidence .(i) The FIR No. 18/91 was lodged at 3.45 p.m. on January 16, 1991 by the informant Nand Lal (PW.5) the brother of the deceased Dhanna and none of the accused was named in it. Only reference of 60 unnamed assailants armed with ‘Pharsies’ was given. .(ii) On January 16, 1991 a report of theft bearing No.17 was also lodged by the accused. (iii) SHONath Mal Pareek (PW.9) put his signatures on the Inquest Report (Ex.P.3) on January 16, 1991 at 10.30p.m. Inquest Report took about five and half hours in its completion. Head Constable Gopal Sharma (PW.16) proceeded to draw it from 5 p.m. Inquest Report does not bear the names of the assailants. .(iv) Statements under Section 161 Cr.P.C. of wiinesses Narain (Ex.D.1), Nand Lal (Ex.D.4), Manohar Lal (Ex.D.5) and Smt. Bhagli(Ex.D.6)were recorded by the SHO Nathmal Pareek on January 16, 1991. Whereas the statements of Smt. Santosh (Ex.D.2) and Bhura CEx.D.3) were respectively recorded on January 17,1991 and January 18,1991. .(v) According to Post Mortem Report (Ex.P.7) deceased Dhanna sustained as many as 11 antimortem injuries as under- .(1) Lacerated wound - 3-1/4” x 3/4” x - bone underneath also left parietal region. The brain matter ruptured and there is presence of clothed blood. .(2) Lacerated wound - 2” x 1/2” x 1/4” Rt. side forehead region upto bone deep. .(3) Lacerated wound - 2” x 1/2” x 1/8” left side of lower lip. .(4) Lacerated wound - 2-1/2” x 1/2” x 1/4” lower 1/3 Lat. aspect of left thigh. .(5) Lacerated wound - 1-1/4” x 1/2” x 1/4” Antero lateral aspect of left thigh. .(6) Lacerated wound - 2” x 1/2” x 1/4” middle 1/3 ant. surface of Rt. leg. .(7) Lacerated wound --1-1/2” x 1/2” x 1.4” post aspect lower 1/3 of Lt. arm. aspect of left thigh. .(5) Lacerated wound - 1-1/4” x 1/2” x 1/4” Antero lateral aspect of left thigh. .(6) Lacerated wound - 2” x 1/2” x 1/4” middle 1/3 ant. surface of Rt. leg. .(7) Lacerated wound --1-1/2” x 1/2” x 1.4” post aspect lower 1/3 of Lt. arm. .(8) Abrasion 3” x 1/2” lower 1/3 lat. aspect of left leg. .(9) Multiple abrasions extending from scapular region to sacrum and bruised areas. .(10) Bruise 6” x 3” post aspect of left thigh lower 1/3. .(11) Bruise areas 7-1/2” x 3-1/4” post aspect of left arm. Deceased Dhanna also sustained following post-mortem burn injuries- .(1) Right forearm and palmar aspect on the right forearm complete and palmar aspect of Rt. hand. .(2) Burn Injuries-present lower 1/2 and knee on post asp. of right thigh and knee of right. .(3) Burn injuries-present complete right leg on postero lateral aspect of right leg. .(4) Burn Injuryanterior asp. of right-fool (dorsal surface). The cause of death was shock due to fracture of left parietal bone and laceration of the brain tissue and adjoining vessels of the brain. .(vi) Narain (PW. 1) sustained as many as 11 injuries as per Injury Report (Ex.P.8) as under (1 Incised wound regular 1-1/4” x 1/4” x 1/4” Middle 1/3 ant. asp. of Rt. leg margin clolted blood. .(2) Abrasion 2” x 1” just above injury No. 1. .(3) Lacerated wound 3/4” x 1/4” x 1/4” lower irregular margin 1/3 ant. asp. clotted blood of left leg. .(4) Abrasion 1-1/2” x 3/4” just above injury No.3. .(5) Lacerated wound 3/4” x 1/2” x 1/4” Lat. asp. irregular margin Mid. 1/3 of clotted blood left thigh. .(6) Swelling3” x 1-1/2” Around the injury No.5 tenderness. .(7) Abrasion 1” x 1/2” on left thumb. .(8) Abrasion 2” x 1/4” Lower Ant. Asp. of Rt. Leg. .(9) Lacerated of lobule 1/4” x 1/8” Left ear lobule left. .(10) Lacerated wound 1” x 1/2” x 1/4” Left forehead region. asp. irregular margin Mid. 1/3 of clotted blood left thigh. .(6) Swelling3” x 1-1/2” Around the injury No.5 tenderness. .(7) Abrasion 1” x 1/2” on left thumb. .(8) Abrasion 2” x 1/4” Lower Ant. Asp. of Rt. Leg. .(9) Lacerated of lobule 1/4” x 1/8” Left ear lobule left. .(10) Lacerated wound 1” x 1/2” x 1/4” Left forehead region. .(11) Bruise red 10” x 2” Horizontal on both side of in colour back (vii) Seizure memos (Ex.P.27) and (Ex.P.28) of blood smeared soil recovered from the place of occurrence were drawn on January 16, 1991 and 9.30 p.m. (viii) Seizurememos of ash (Ex.P.29) recovered from (he place where the dead body of Dhanna was lying, was drawn on January 16, 1991 at 9.45 p.m. .(ix) Golden Murki (earring was recovered at the instance of accused Mool Chand Murli on January 22, 1991 vide seizure memo Ex.P. 16. .(x) Another Golden Murki (earring) was recovered at the instance of accused Jeevan on January 22, 1991 vide seizure memo (Ex.P. 17). .(xi) Iron Khuwadiya, bamboo stick, Phanti (slick), Lathi, wooden handle gandasi, wooden pestle (Moosal) Bumboo lathi, Teekar lathi, Jaili, Iron Jaili, Wooden Jur, Iron Sariya, Kunj lathi, and Jhadi were recovered at the instance of accused Baboolal, Sheo Ram, Sunda Ram, Rakha Ram, Heera Lal, Ladu Ram, Jodha Ram, Mool Chand Murli, Jeewan, Khinwa, Rameshwar, Molak, Rameshwar son of Mana Ram, Sagar and Bhola vide Ex.P.9 to Ex.P.15 and Ex.P.18 to Ex.P.25. (xii) Report of Forensic Science Laboratory, Jaipur (Ex.P. 104) reveals that soil