JUDGMENT 1. - The appellants, eleven in number, have filed this appeal impugning the judgment dated March 6, 2003 of the learned Additional Sessions Judge (Fast Track) Kaman, whereby they were convicted and sentenced as under U/s. 302/149 IPC : Each to suffer imprisonment for life and fine of Rs. 2,000/-, in default to further suffer simple imprisonment for six months. U/s. 147 IPC Each to suffer rigorous imprisonment for one year. U/s. 148 IPC : Each to suffer rigorous imprisonment for two years. Substantive sentences were ordered to run concurrently. 2. It is the prosecution's case that on February 15, 1991 at 4.30 PM informant Chhanga (Pw.2) submitted a written report (Ex.P-1) at Police Station Jurahara to the effect that Kamru and others committed theft of his mustard crop 2-3 days back and the matter was reported to police. Two police persons came for investigation and informant took them in Maruti Car to the field on February 15, 1991 at 11 AM. Chhanga, Akku, Hasan and Israyal also accompanied them. Suddenly Sufeda, Kamru, Kanka, Kallu, Mast Khan having Jellys, Amru, Jumme Khan, Samsu, Aasu, Noor Khan and Tulsi alongwith 8-10 persons armed with lathis and chantiya came over there and started beating Akku and Hasan Khan and took them dragging to the Kotha of Kamru, where Akku and Hasan Khan were killed. They set ablaze Chhappars and fled away. The dead bodies were lying in Kotha. On that report a case was registered under sections 302, 323, 342 and 447 IPC and investigation commenced. Dead body was subjected to autopsy, necessary memos were drawn, statements of witnesses were recorded, appellants were arrested and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) Kaman. Charges under- sections 147, 148, 436 and 302 IPC were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 19 witnesses. In the explanation under Section 313 CrPC, the appellants claimed innocence. One witness in defence was examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above. 3. Learned counsel for the appellants while assailing the impugned judgment took us through the material on record. 4. As per Post Mortem report (Ex.P-20) deceased Hasan Khan received following injuries : 1. One witness in defence was examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above. 3. Learned counsel for the appellants while assailing the impugned judgment took us through the material on record. 4. As per Post Mortem report (Ex.P-20) deceased Hasan Khan received following injuries : 1. Lacerated wound 11/2 x 1/2 x bone deep left parietal area near occipital area. 2. Swelling whole of anterior aspect of neck on both sides. 3. Contusion 2" x 1/2 left cervical area above clavicle. 4. Two contusions 2" x 1", 11/2 x 11/2 left clavicle area above injury No. 3. 5. Two contusions 1" x 1" x 1/2 x 1/2 Rt. clavicle area. 6. Fracture of left pallalla (sic). 7. Lacerated wound 3'4 x 1/2, 1/4 At. tibrasity of tibia. 8. Lacerated wound 1 x 1/4 Rt. lateral. 9. Contusion 3" x 2" Rt. elbow anteriorly. 10. Contusion 2" x 11/2 left elbow posterior medially. 11. Contusion 3" x 1" let mid arm laterally. 12. Contusions 2" x 1", 1112 x 1" left shoulder laterally. 13. Abrasion 1" x 3/4left tab of shoulder. 14. Contusion 8" x 1 1/2 oblique. In the opinion of Doctor the cause of death was rupture of cervical blood vessels with hemorrhage in trachea leading to shock and suffocation. 5. Autopsy on the dead body of Akku also performed and as per Post Mortem Report (Ex.P-21) following ante-mortem injuries were found 1. Contusion 3" x 1 1/2 left side of neck anteriorly. 2. Two abrasions 3/4x 1/2 left clavicular area near mid line. 3. Three abrasions 1" x 1/4, 1/2 x 1/4, 1" x 1/4 Rt. clavicular area. 4. Abrasion 11/2 x 1/4, 1" x 1/4 At. side of neck anteriorly. 5. Lacerated wound 11/4 x 1/2x 1/4at mid line and both At. and left side of upper lip. 6. Lacerated wound 11/4 x 1/2 mid line of both At. & left side of lower lip. 7. Lacerated wound 1" x 1/a, 11/2 x 1/4 at At. side of angle of mouth. 8. Trachea of lower left radius. 9. Bony irregularity proximal phalanx of Rt. index finger. 10. Lacerated wound 11/4 x 1/4 x 1/4joint above chin in mid line. 11. Lacerated wound 1/4x 1/4 x 1/4just above left elbow posteriorly. 12. Lacerated wound 1/4x 1/4 x 1/4left elbow posterior. 13. Abrasion 3/4 x 3/4At. inbersity of tibia. 14. 8. Trachea of lower left radius. 9. Bony irregularity proximal phalanx of Rt. index finger. 10. Lacerated wound 11/4 x 1/4 x 1/4joint above chin in mid line. 11. Lacerated wound 1/4x 1/4 x 1/4just above left elbow posteriorly. 12. Lacerated wound 1/4x 1/4 x 1/4left elbow posterior. 13. Abrasion 3/4 x 3/4At. inbersity of tibia. 14. Abrasion 1" x 3/4x At. side of tibia at middle. 15. Lacerated wound 11/4 x 1/2left side laterally. 16. Two abrasions 3'4 x 1/2each at upper half of At. side of tibia. 17. Abrasion 3/4x 1/2Rt. forearm posterior medially at middle. 18. Abrasion 1" x 1/4each Rt. elbow posterior medially. 19. Contusion 4" x 3" At. side of scapular angle. 20. Contusion 5" x 3", 4'' x 3" Rt. side of back below chaff wall. 21. Lacerated wound 1" x 1/4x bone deep left parietal area near mid line at middle. 22. Bony irregularity at mandible. In the opinion of Doctor the cause of death was laceration of carotid artery & jugular vein of right side of neck with hemorrhage leading to shock. 6. Coming to the prosecution evidence we find that informant Chhanga (Pw.2) was accused in a case under section 302 IPC related to murder of Kanka. Chhanga in his cross-examination deposed that Kotha in which deceased Akku Khan and Hasan Khan were confined and given beating was jointly owned by Kamru and Samsu. Pooran Singh Constable (Pw.22), who had gone with the deceased in a Maruti car to the field stated that Akku and Hasan Khan were given beating and dragged to the Kotha of Sufeda where they were killed and locked. Islam (Pw.3) deposed that dead bodies of Akku and Hasan Khan were recovered from the locked Kotha belonging to Sufeda and Samsu after the police got broken the lock. Dharam Singh ASI (Pw.13), who also accompanied Pooran Singh in Maruti Car deposed that Akku and Hasan Khan were dragged from the field to the Kotha of Sufeda where they were killed and Chhappar of Kotha was torched. 7. Having analysed the entire evidence we find that true version of the incident has been withheld by the prosecution. We find it difficult to believe that the occurrence was held in the field. In our opinion no person could dare to make assault in the presence of two police personnel who were armed with pistols. 7. Having analysed the entire evidence we find that true version of the incident has been withheld by the prosecution. We find it difficult to believe that the occurrence was held in the field. In our opinion no person could dare to make assault in the presence of two police personnel who were armed with pistols. The prosecution however is able to establish that Akku and Hasan Khan were killed in the Kotha owned and possessed by Sufeda, Samsu and Kamru by the members of unlawful assembly. Presence of Sufeda, Samsu and Kamru is established at the time of incident. Possibility of over implication of Mohammadin, Aasu s/o Lukka, Umar Khan, Mast Khan, Jumma Khan, Noor Khan, Kallu s/o Asru and Asu s/o Rehman cannot be ruled out and they are entitled to benefit of doubt. 8. For these reasons, we dispose of the-instant appeal in the following terms : (i) Since appellant Mohammadin s/o Samay Chand died during the pendency of the appeal, his appeal stands abated. (ii) Appeal of Sufeda, Kamru, Samsu being devoid of merits stands dismissed and conviction and sentence imposed on them under sections 147, 148 and 302/149 IPC are maintained. (iii) Appeal of Aasu s/o Lukka, Umar Khan s/o Sami Khan, Mast Khan s/o Asru, Jumma Khan s/o Lukka, Noor Khan s/o Lukka, Kallu s/o Asru and Aasu s/o Rehman is allowed and they stand acquitted of the charges under sections 147, 148 and 302/149 IPC. Appellant Mast Khan s/o Asru is on bail, he need not surrender and his bail bonds stand discharged. Appellants Aasu s/o Lukka, Umar Khan s/o Sami Khan, Jumma Khan s/o Lukka, Noor Khan s/o Lukka, Kallu s/o Asru and Aasu s/o Rehman, who are in jail, shall be set at liberty forthwith, if they are not required to be detained in any other case. (iv) The impugned judgment of the learned trial court stands modified as indicated herein above. Appeal of S1, S2 K Dismissed and of Others Allowed. *******