JUDGMENT : Sangeet Lodha, J. These appeals are directed against judgment and order dated 2.7.14 passed by the Additional Session Judge No.2, Udaipur in Session Case No.29/13, whereby the appellants Vakta s/o Dhanna Gameti, Mangla s/o Vaga Gameti, Dhula s/o Kanna Gameti, Kalu s/o Mangla Gameti, Smt. Kamla w/o Mohanlal Gameti, Smt. Harku w/o Chatraji Gameti, Leela w/o Logar Gameti, Vardi w/o Dhula Gameti, Smt. Takudi w/o Vakta Gameti, Prabhulal s/o Khima Gameti, Chokharam s/o Khima Gameti, Vajja s/o Chatra Gameti, Raju s/o Vaga Gameti, Smt. Sawali w/o Kalu @ Kalia Gameti, Deva @ Devla s/o Khima Gameti, Smt. Jhamku w/o Raju Gameti, Smt. Champa w/o Takhta Gameti, Smt. Laxmi w/o Deva Gameti, Logar s/o Vakta Gameti and Takhtaram s/o Mangla Gameti, have been convicted for offences under Section 148, 452, 323/149, 325/149, 302/149 IPC and sentenced as under:- Section 148 IPC Two years simple imprisonment with fine Rs.2,000/-; in default of payment of fine to further undergo two months imprisonment. Section 452 IPC Five years simple imprisonment with fine Rs.5,000/-; in default of payment of fine to further undergo five months imprisonment. Section 323/149 IPC One year simple imprisonment with fine Rs.1,000/-; in default of payment of fine to further undergo one month imprisonment. Section 325/149 IPC Five years simple imprisonment with fine Rs.5,000/-; in default of payment of fine to further undergo five months imprisonment. Section 302/149 I.P.C. Imprisonment for life and a fine of Rs.25,000/-; in default of payment of fine to further undergo two years' simple imprisonment. That apart, appellant Logar s/o Vakta Gameti and Takhta s/o Mangla Gameti have also been convicted for offence under Section 4/25 of the Arms Act and sentenced to suffer two years simple imprisonment with fine Rs.2,000/-; in default to suffer two months further imprisonment. All the sentences have been directed to run concurrently. 2. Briefly stated, the prosecution case is that Keshulal killed Mohan when he saw his wife in a compromising position with Mohan in his house, who is undergoing sentence in jail. After the said incident, out of fear Naru's family left the village and started living towards the village Madri and Dodawali. On 29.6.09, at 6 P.M. when Naru s/o Partha, his wife Jhamku (PW 1), Nanji s/o Naru, Ganga w/o Nanji, Heera s/o Partha, Kalki w/o Heera, Meera d/o Partha due to rainy season, came to Amba Ka Khadra for the purpose of cultivating crop. On 29.6.09, at 6 P.M. when Naru s/o Partha, his wife Jhamku (PW 1), Nanji s/o Naru, Ganga w/o Nanji, Heera s/o Partha, Kalki w/o Heera, Meera d/o Partha due to rainy season, came to Amba Ka Khadra for the purpose of cultivating crop. All of them sitting in verandah of their house were engaged in conversation. After a short while out of the enmity generated by Mohan's death, his family members, Vakta s/o Dhanna, Logar s/o Vakta, Takudi w/o Vakta, Leela w/o Logar, Vajja s/o Chatra, Harku w/o Chatra, Kamla wd/o Mohan, Mangla s/o Vaga, Kalia s/o Mangla, Taktha s/o Mangla, Champa w/o Takhta, Devla s/o Khima, Laxmi w/o Devla, Chokha s/o Khima, Jhamku w/o Raju, Prabhu s/o Khima, Sawali w/o Kalia, Raju s/o Vaga, Dhula s/o Kanna, Vardi w/o Dhula, all armed with sword, axe, stick, iron rod and stone with common object entered the house of Naru and started beating Naru, Nanji, Jhamku (PW 1), Heera (PW 2), Kalki (PW 6), Meera (PW 7) and Ganga (PW 8) . When all started running to save their life, Kamla gave blow with stick on Jhamku's face, as a result of which, she suffered injuries on left eye and face and fell down, however, the assailants continued to beat her. They also caught hold of Naru and Nanji while they were running away and started beating them with axe, sword, iron rod, stick and stones, due to which both of them suffered serious injuries on the head and other parts of the body and succumbed to the injuries on the spot. Heera, Kalki, Meera and Ganga also suffered injuries. 3. On the basis of Ex.P/1-oral statement of Jhamku (PW 1) narrating the incident occurred as aforesaid, the police registered an FIR (Ex.P/59) against the appellants for offences under Section 147, 148, 452, 341, 302, 323/149 IPC and the investigation commenced. 4. During the investigation, the police drawn necessary memos. After inquest proceedings, the dead bodies of Naru and Nanji were subjected to autopsy. The statements of witnesses were recorded under Section 161 Cr.P.C. The accused persons were arrested. On the basis of the information furnished by the accused, the recoveries of the weapon of offences and other articles were made. The blood stained weapons and other articles recovered were sent for examination to Forensic Science Laboratory (FSL) and report was obtained. 5. The statements of witnesses were recorded under Section 161 Cr.P.C. The accused persons were arrested. On the basis of the information furnished by the accused, the recoveries of the weapon of offences and other articles were made. The blood stained weapons and other articles recovered were sent for examination to Forensic Science Laboratory (FSL) and report was obtained. 5. After completion of the investigation, the police filed charge sheet against the accused appellants except Logar and Takhta for offences under Sections 148, 452, 341, 302, 323, 149, 325 IPC, and against appellants Logar and Takhta for offences under Sections 148, 452, 341, 302, 323, 149, 325 IPC and 4/25 of the Arms Act, before the Additional Chief Judicial Magistrate No.3, Udaipur, whereupon cognizance was taken and the matter was committed to the Sessions Judge, Udaipur, which for trial in the first instance was transferred to the Court of Additional Sessions Judge, Fast Track No.1, Udaipur and thereafter, to the court of Additional Sessions Judge No.2, Udaipur. The trial Judge framed the charges against the appellants accused for offences under Sections 148, 341, 452, 323/149, 325/149 & 302/149 IPC. Against the accused Logar s/o Vakta Gameti and Takhta s/o Mangla Gameti, additional charge for offence under Section 4/25 of the Arms Act was also framed. The accused appellants denied the charges and claimed trial. 6. The prosecution in support of its case examined 28 witnesses PW-1 to PW-28 and produced the documentary evidence Ex.P/1 to Ex.P/111. The Article 1 to 21 were also exhibited in evidence. The appellants accused were examined under Section 313 Cr.P.C. wherein they denied the prosecution evidence and stated that they have been falsely implicated just to grab their house and agriculture field. No witness was examined in defence, however, the defence got exhibited documentary evidence Ex.D/1 to D/3. 7. After due consideration of the evidence on record and rival submissions, the learned trial Judge arrived at the finding that the appellants accused with common object inflicted injuries on the persons of Naru and Nanji and caused their death and also caused injuries to other injured while entering into their house and the field and accordingly, convicted and sentenced the appellants accused as indicated above. Hence, these appeals. 8. Mr. Hence, these appeals. 8. Mr. Manoj Pareek, Amicus Curiae, appearing for the appellants Leela and Champa contended that the learned trial Judge has failed to examine the evidence on record in its entirety, objectivity and in correct perspective. Learned counsel submitted that on account of enmity between the parties, all the members of the family have been falsely implicated. It is submitted that the eye witnesses examined on behalf of the prosecution being closely related to the deceased are interested witnesses and thus, the conviction based on their testimony is not sustainable in the eyes of law. There was no evidence on record to establish that appellants Leela and Champa were members of unlawful assembly and thus, their conviction with the aid of Section 149 IPC is absolutely unjustified. Drawing the attention of the Court to the deposition of the eye witnesses, learned counsel pointed out that Heera (PW 2), Kalki (PW 6), Ganga (PW 8) have not named Champa. Learned counsel would submit that no specific overt act is assigned to the accused Leela and Champa and no recoveries have been effected from them and thus, there is absolutely no evidence indicating their involvement in the commission of crime. It is submitted that the place of occurrence was already known to the police and therefore, alleged verification of the place of occurrence by the appellants is of no consequences. It is submitted that it is apparently a case of over implication and therefore, the appellants Leela and Champa deserve to be acquitted. 9. Mr. Deepak Bora, Amicus Curiae, contended that the appellants Laxmi, Sawali and Jhamku have been falsely implicated in the case. There is no overt act assigned to the appellants Laxmi, Sawali and Jhamku and thus, their false implication in commission of crime is apparent on the face of record. Learned counsel would submit that bare perusal of the statements of eye witnesses, Jhamku (PW 1), Heera (PW 2), Kalki (PW 6), Smt. Meera (PW 7) and Smt. Ganga (PW 8) do not substantiate the involvement of Laxmi in the commission of the crime. It is submitted that no recovery has been effected from the appellants Laxmi & Sawali. The recovery of blood stained odhani at the instance of Smt. Jhamku is also not sufficient to connect her with commission of the crime. It is submitted that no recovery has been effected from the appellants Laxmi & Sawali. The recovery of blood stained odhani at the instance of Smt. Jhamku is also not sufficient to connect her with commission of the crime. Learned counsel submitted that the appellants Laxmi, Sawali and Jhamku have been convicted solely on account of their presence at the place of occurrence and the verification of the same by them, which is not sustainable in the eyes of law. It is submitted that verification of the place of occurrence which was already known to the police is of no evidentiary value. 10. Mr. Ranjeet Singh, learned counsel appearing for appellant Kamla contended that all the witnesses examined by the prosecution in support of its case belong to one family inimical to the appellant Kamla and other co-accused persons and thus, they being highly interested witnesses, their testimony cannot be relied upon. The contradictions in the deposition of the eye witnesses before the court indicate that as a matter of fact they were not the eye witnesses of the incident and their testimony is wholly unreliable. It is contended that the learned trial Judge has convicted all the accused for the offences with the aid of Section 149 whereas none of the prosecution witness in definite term could establish any role of the appellant in the commission of crime. Learned counsel would submit that there is absolutely no evidence to show that the appellant was one of the members of unlawful assembly. As per Ex.P/1-oral statement of Jhamku (PW 1) on the basis of which the police registered the FIR (Ex.P/59), accused Kamla inflicted lathi blow on her face, whereas, at the instance of Kamla, the police has recovered blood stained axe. It is submitted that appellant has been convicted on the basis of recovery of blood stained axe and blood stained odhani which is not significant inasmuch as, no specific role assigned to the appellant is proved on the basis of any cogent evidence on record. Learned counsel submitted that as per deposition of Jhamku (PW 1) after death of her husband, appellant Kamla used to reside at her paternal home and thus, her false implication in the case cannot be ruled out. 11. Mr. Learned counsel submitted that as per deposition of Jhamku (PW 1) after death of her husband, appellant Kamla used to reside at her paternal home and thus, her false implication in the case cannot be ruled out. 11. Mr. K.R.Bhati, Amicus Curiae, appearing on behalf of the appellants Smt. Takudi, Dhula, Harku, Chokha Ram, Vakta, Deva, Kalu, Prabhulal, Mangla, Raju, Logar, Vajja, Takhta and Vardi contended that on account of existing animosity between the complainant party and the accused persons, the members of entire family of accused persons have been falsely implicated in the case. It is submitted that the allegations of beating levelled by the alleged eye witnesses are omnibus in nature and the injuries caused have not been assigned to the accused persons specifically. Learned counsel submitted that as per deposition of Smt. Jhamku (PW 1) all the accused persons were armed with sword and axe whereas, as per deposition of Heera (PW 2), all the accused persons were having axe and lathi in their hands. Jhamku (PW 1) has deposed that the injury on her face was caused by sword whereas, as per injury report (Ex.P/51), no injury on the person of Jhamku was found to be inflicted by sharp edged weapon. It is submitted that the injury caused to Jhamku is not assigned to any particular person. Drawing the attention of the court to the deposition of eye witnesses, learned counsel pointed out that as per deposition of Heera (PW 2), Kamla and Vajja cut the legs of Naru whereas, as per Kalki (PW 6), Vakta cut the legs of Naru. Kalki (PW 6) has deposed that in the first instance, Vakta attacked Naru and when he fell down, he cut his legs whereas, as per Jhamku (PW 1), a stone thrown hit Naru, he fell down and thereafter, all the accused attacked him. Drawing the attention of the court to the FSL Report (Ex.P/111), learned Amicus Curiae submitted that iron rods recovered from Vajja and Chokha and sword recovered from Takhta were not found blood stained and thus, recovery of the weapons from them do not connect them with the commission of the offences. Drawing the attention of the court to the FSL Report (Ex.P/111), learned Amicus Curiae submitted that iron rods recovered from Vajja and Chokha and sword recovered from Takhta were not found blood stained and thus, recovery of the weapons from them do not connect them with the commission of the offences. Drawing the attention of the court to the cross examination of Heera (PW 2), learned Amicus Curiae submitted that admittedly, Heera (PW 2), his wife Kalki (PW 6) and sister Meera (PW 7) at the time of occurrence of the incident they had hidden in Heera's house and thus, they cannot be accepted to be eye witnesses of the incident. Learned counsel submitted that the deposition of the eye witnesses suffers from self contradiction and embellishments and thus, the appellants cannot be convicted on the basis of their testimony which cannot be considered to be 'wholly reliable'. Learned counsel submitted that the nature of injuries caused to the deceased Naru and Nanji, in no manner indicate that the accused persons had intention to cause their death and thus, their conviction for offence under Section 302/149 is not sustainable in the eyes of law. The Amicus Curiae submitted that on the basis of the evidence on record, apparently, it is a case of over implication and thus, at least the accused persons to whom no overt act is assigned, deserve to be acquitted. 12. Mr. J.P.S. Choudhary, learned Public Prosecutor submitted that as per deposition of the eye witnesses, the accused persons armed with deadly weapons assaulted the complainant party, which clearly indicates that the common object of unlawful assembly in the instant case was to cause death of the members of family of the complainant party and thus, nothing turns on the question that no specific overt act is assigned to some of the accused persons. Learned Public Prosecutor submitted that there exists no self contradiction or embellishments in the deposition of the eye witnesses on the material points and thus, the minor discrepancies in the statements of the eye witnesses do not make their statements wholly unreliable. Learned Public Prosecutor submitted that the injuries caused to the deceased and other injured persons stand corroborated by the medical evidence and thus, the conviction of all the accused persons, the members of unlawful assembly, with the aid of Section 149 IPC cannot be faulted with. Learned Public Prosecutor submitted that the injuries caused to the deceased and other injured persons stand corroborated by the medical evidence and thus, the conviction of all the accused persons, the members of unlawful assembly, with the aid of Section 149 IPC cannot be faulted with. Learned Public Prosecutor while drawing the attention of the court to the FSL Report (Ex.P/111), submitted that the weapons of the offences recovered at the instance of the accused persons were found stained with blood of the Group 'A' and 'AB' i.e. the group of the blood of deceased Naru and Nanji respectively and thus, the guilt of the accused appellants stands established beyond reasonable doubt. 13. We have considered the rival submissions and scanned the evidence on record thoroughly. 14. The autopsy of the bodies of deceased Naru and Nanji was conducted by the Medical Board consisting of Dr. Akhilesh Sharma and Dr. Anees Ahmed (PW 20). As per the Postmortem Reports of Naru and Nanji, Ex.P/57 & Ex.P/58 respectively, following ante mortem injuries were found on the body of the deceased Naru and Nanji: Naru 1. There were cut fractured of shaft of right tibia and fibula at M/3 level in continuation with injury No.1. 2. There were cut fractured of shaft of left tibia and fibula at 2/3 level in continuation with injury No.2. External injuries 1. Traumatic amputation of Rt. Leg at level of M/3, completely, margins of line of separation are clear cut. Blood clots present. Cut margin of both tibia and fibula present-amputated legs present. 2. Traumatic amputation of Lt. Leg at level of 2/3, skin tag present on posteriorly, margin of line of separation are clean cut. Blood clots present, cut ends of both tibia and fibula present. Blood clots present. 3. Incised wound 4x2 cms bone deep on left side, forehead. Blood clots present. 4. Incised wound 6 x 3 cm. Bone deep on right parito temporal region. Blood clots present. 5. Incised wound 4 x 2 cm. Bone deep right parito occipital region. Blood clots present. 6. Incised wound 6 x 2 cm. Bone deep left parito occipital region. Blood clots present. 7. Bruise with abrasion 6 x 4 cm. Left shoulder. Red. 8. Incised wound 3 x 2 cm. Muscle deep left arm 14/3 post. Blood clots present. 9. Bruise with abrasion 4x 3 cm left elbow. Red. 10. Blood clots present. 6. Incised wound 6 x 2 cm. Bone deep left parito occipital region. Blood clots present. 7. Bruise with abrasion 6 x 4 cm. Left shoulder. Red. 8. Incised wound 3 x 2 cm. Muscle deep left arm 14/3 post. Blood clots present. 9. Bruise with abrasion 4x 3 cm left elbow. Red. 10. Bruise with abrasion 3 x 2 cm right elbow. Red. 11. Bruise with abrasion 4x 1 cm. Left arm 1/3. Red. 12. Incised wound 4x 2 cm muscle deep M/3 right forearm post. Blood clots present. 13. Bruise with abrasion 7 x 2 cm Rt. Scapular region. Red. All injuries from 1 to 13 are ante mortem in nature and fresh in duration at the time of death. Injuries no. 1 to 6 & 8, 12 are caused by sharp and heavy object while rest of injuries are caused by blunt object. Injuries no.1 to 6 are grievous in nature and dangerous to life. Rest of injuries are simple in nature. The cause of death of Naru is opined to be shock due to ante mortem multiple head and both legs injuries, which were sufficient to cause death in ordinary course of nature. Nanji 1. There was a fracture of nasal bone. 2. There was a cut fracture M/3 Shaft of right humerus. Large blood clots present. External injuries 1. Incised wound 16x2 cm. Bone deep M/3 Rt. area Blood clots present. 2. Incised wound 6 x 2 cm Bone deep Left parito occipital region. Blood clots present. 3. Incised wound 4 x 2 cm. Bone deep left front (illegible) region. Blood clots present. 4. Lacerated wound 4 x 2 cm. Bone deep on nose. Blood clots present. 5. Multiple abrasion 2 x 1 cm. To 10 x 2 cm. On chest and right side abdomen. Red. All above injuries are ante mortem in nature and fresh in duration at the time of death. Injuries no.1 to 3 are caused by sharp and heavy object while injury no. 4 to 5 are caused by blunt object. Injury no. 1 to 4 are grievous in nature while injury no. 1 to 3 are dangerous to life. Injury no. 5 is simple in nature. The cause of death of Nanji is opined to be shock resulted by ante mortem head and right arm injuries which were sufficient to cause death in ordinary course of nature. Injury no. 1 to 4 are grievous in nature while injury no. 1 to 3 are dangerous to life. Injury no. 5 is simple in nature. The cause of death of Nanji is opined to be shock resulted by ante mortem head and right arm injuries which were sufficient to cause death in ordinary course of nature. Dr. Anees Ahmed (PW 20) in his deposition while confirming the injuries found on the bodies of the deceased as also the causes of death, further deposed that the injuries found fatal were caused by sharp edged weapon. In this view of the matter, the death of Naru and Nanji was concededly homicidal in nature. 15. Coming to the injuries caused to other members of complainant party, as per injury reports of Ganga (PW 8), Jhamku (PW 1), Meera (PW 7), Heera (PW 2) and Kalki (PW 6), Ex.P/32, Ex.P/51, Ex.P/54, Ex.P/55 and Ex.P/56 respectively, they suffered the injuries as under: Ganga 1. C/o Pain & swelling-7 x 7 cm.- Left maxillary sinus & Mandibular region of jaw-1 old seas mark over left side of back 1 x 1 cm.-O.R.-Blunt. 2. C/o Pain & swelling 5 x 5 cm.-Rt. hand ring finger- a black til over abdomen-O.R.-Blunt. 3. Lacerated wound-3 x 1 cm. x upto scalp dup.- Scalp over Rt. Parietal region-Simple-Blunt. 4. Bruise-3 x 4 cm - Left foot dorsally near (illegible) - Simple-Blunt. 5. C/o Pain & Swelling- 5 cm. X 6 cm.-Left side of back-Simple-Blunt. Jhamku 1. Lacerated wound left cheek 4x 0.5 cm. Muscle deep with fresh clotted blood 2. Lacerated wound 3 x 0.5 x Muscle deep-fresh clotted blood Left knee-Simple Blunt. 3. 0.5 M 2 x 2 Rt. Leg. 4. 0.5 M 2X2 cm Left Leg Meera 1. Lacerated wound 2x 05 cm. Muscle deep left parito occipital region. Dark blood clots present-Simple-Blunt. 2. Abrasion 3 x 2 cm. Left leg Red. Soft seas Simple-Blunt. Heera 1. Abrasion 2 x 2 cm. -Rt. Knee-Red. Soft seas-Simple-Blunt. Kalki 1. Lacerated wound 2 x 0.2 cm muscle deep left parital frontal region. Blood clot present. Dark in colour. Simple-Blunt. 2. Abrasion 0.5 cm on ear. Rt. Eyebrow Red Soft seas. 3. Abrasion 2 x 2 cm. under left forearm post. Red Soft seas. 16. Soft seas Simple-Blunt. Heera 1. Abrasion 2 x 2 cm. -Rt. Knee-Red. Soft seas-Simple-Blunt. Kalki 1. Lacerated wound 2 x 0.2 cm muscle deep left parital frontal region. Blood clot present. Dark in colour. Simple-Blunt. 2. Abrasion 0.5 cm on ear. Rt. Eyebrow Red Soft seas. 3. Abrasion 2 x 2 cm. under left forearm post. Red Soft seas. 16. In the first instance, it would be appropriate to scrutinise the evidence of injured eye witnesses Jhamku (PW 1), Heera (PW 2), Kalki (PW 6), Meera (PW 7) and Ganga (PW 8). 17. Jhamku (PW 1), the wife of deceased Naru, deposed that when she alongwith her sister in law Meera (PW 7) and Kalibai (PW 6), Ganga (PW 8) and Nanu were sitting at their home, Devla, Vajja, Prabhu, Chokhla, Kalu, Taka, Mangla, Logaria, Vakta, Nathu in all 11 members came there. Vajja was armed with sword and axe, Chokhla with axe and stick, Devla with sword and axe, Raju with axe and stick. Takia was armed with sword and axe. They belaboured Naru and Nanji. She was also belaboured and suffered injury on her face. Amongst the ladies, Kamla caused injuries by sword and axe. Harku was having sword and axe in her hands. Jhamku, Champa, Vardi and Sawali were also present. Leela pelted stone. Every accused was having two weapons in their hand. She further deposed that all the accused were having sword and axe in their hands. Earlier they had no enmity but Vakta's son Mohan was murdered as he used to rape women and that was the cause of quarrel. In cross examination, she accepted that Heera's wife (Kalki PW 6), her sister in law Meera (PW 7) and Ganga (PW 8) were at the Heera's residence. Later, about Ganga (PW 8), she deposed that she was at her (Jhamku) residence. She deposed that on account of injury caused on her face by sword, she fell unconscious. However, the injury caused has not been assigned by her to any accused specifically. 18. Heera (PW 2) deposed that he alongwith his brother Naru, Nanji, his sister in law (bhabhi) Jhamku (PW 1), sister Meera (PW 7), wife Kalki (PW 6) were sitting at their home. Smt. Ganga w/o Nanji was also there. At that time, Vakta, Logaria, Kamla, Leela, Vajia, Harku, Dhula, Vardhi, Raju, Kalu, Sawali, Chokhla, Devla, Prabhu, Jhamku, Mangla and Takhtia came there. Smt. Ganga w/o Nanji was also there. At that time, Vakta, Logaria, Kamla, Leela, Vajia, Harku, Dhula, Vardhi, Raju, Kalu, Sawali, Chokhla, Devla, Prabhu, Jhamku, Mangla and Takhtia came there. All of them were armed with axe and lathis, some were having stones in their hands. As soon as they reached there, they started pelting stones. A stone hit Naru; fell down and thereafter, all of them attacked him. Some of them inflicted injuries on him by lathis and some by axe. Devla and Chokhla inflicted injuries on the person of Nanji by axe and stone. Kamla and Vajia cut the legs of Naru. Jhamku (PW 1) wife of Naru suffered injuries on face and she was also hit by stone. Ganga (PW 8) w/o Nanji and Meera (PW 7) also suffered injuries. Nanji and Naru were killed. In cross examination, he admitted that no incident of beating occurred with him. He accepted the suggestion that at the time of beating, they tried to run away from the place of occurrence but they were surrounded by the accused persons and therefore, they could not run away. He deposed that the factum of Kamla cutting the legs of Naru was disclosed by him to the police and he does not know why the same is not mentioned by the police in his statement (Ex.D/2). He further deposed that at the time of quarrel, he, Jhamku (PW 1), Kalki (PW 6) and Meera (PW 7) had hidden in the house and subsequently, they went near the dead bodies. Later, he deposed that he ran away from Naru's house and had hidden in his own house. 19. Kalki (PW 6), the wife of Heera (PW 2), deposed that while she alongwith Jhamku (PW 1), Naru, Nanji and her husband Heera (PW 2) were sitting at Naru's house, in the first instance, Vakta and Vajia came there. Vakta thrown stones and cut Naru's legs. Logar also pelted stones. Kamla, Leela, Harka, Dhula, Vardi, Rajia, Kalia and Sawali were also there. As a result of beating, he, Naru and Nanji suffered injuries. They were inflicted injuries by sword. Everybody was armed with axes, swords, stones and sticks. Her husband Heera (PW 2) also suffered injuries on the back. She suffered injury on head by stone thrown by Vajia. Naru and Nanji were belaboured by Vakta. As a result of beating, he, Naru and Nanji suffered injuries. They were inflicted injuries by sword. Everybody was armed with axes, swords, stones and sticks. Her husband Heera (PW 2) also suffered injuries on the back. She suffered injury on head by stone thrown by Vajia. Naru and Nanji were belaboured by Vakta. In the first instance, Vakta attacked Naru, he fell down, then he cut his legs. Nanji was also belaboured by Vajia. In cross examination, she accepted that when Nanji was being belaboured, she alongwith her husband (Heera-PW 2), sister in law Meera (PW7), Ganga (PW 8) had hidden into her house together. She was belaboured by stick, stones and axe and was beaten to this extent that she fell unconscious, her legs were also cut and she remained admitted in the hospital for 4-5 days. 20. Smt. Meera (PW 7) deposed that on fateful day around 6 P.M., while she alongwith Jhamku (PW 1), Heera (PW 2), Kali (PW 6), Nanji and Naru, in all 7 members, were sitting at the house of Naru, then Vakta, Vajia, Kakuri, Leela, Harkhu, Dhulia, Vardi, Rajia, Kalu, Sawali, Chokhla, Devla, Devla's wife Laxmi, Ramesh, Takhatia, Champa, Mangalia etc. who were armed with swords, axes, iron rods and stones, came there and attacked them. In the first instance, Vakta attacked Naru by sword and cut his legs. All the accused persons belaboured Nanji. She was also belaboured and suffered injuries on the head. Heera and Kalki also suffered injuries. Naru's wife suffered injuries on eye by axe. Naru and Nanji died on account of being belaboured by the accused persons present in the court. In cross examination, she accepted that she does not know as to who caused injuries to whom. On being asked, she stated that as the accused persons surrounded them, she is not in position to point out as to who caused injuries to her. At the same time, she said that in the first instance, Kamla and Vajia beat her, then everyone was beaten by stone. 21. Smt. Ganga (PW 8) deposed that on fateful day around 6 P.M. she alongwith Naru, Heera, her husband (deceased Nanji) , Kalki (PW 6) , Meera (PW 7) and Jhamku (PW 1) were sitting at Naru's house. At the same time, she said that in the first instance, Kamla and Vajia beat her, then everyone was beaten by stone. 21. Smt. Ganga (PW 8) deposed that on fateful day around 6 P.M. she alongwith Naru, Heera, her husband (deceased Nanji) , Kalki (PW 6) , Meera (PW 7) and Jhamku (PW 1) were sitting at Naru's house. At that time, Kamla, Vakta, Logar, Takuri, Vajia, Halku, Vardi, Dhula, Rajia, Kalu, Sawali, Chokha, Prabhu, Leela, Jhamku w/o Chokha, Deva, Takhta and Takhta's wife etc. came there. They were having stones in their hands. Kamla was armed with axe, Logar with sword, Vakta with iron rod. They attacked them. Naru's legs were cut. Then they attacked her husband Nanji, his hands were cut and gave axe blow on his head. They all were belaboured and suffered injuries. Naru was belaboured by Kamla, Logar and Chokha. Nanji was belaboured by Vajia, Chokha and Takhta. All other persons attacked on them together. She deposed to have suffered injuries on head and hands. In cross examination, she deposed that there was cross stone pelting and therefore, she cannot definitely say as to how Vakta suffered injuries. She further deposed that so as to save themselves, they ran away from the place of occurrence and had hidden in the hills. She accepted that when she was running away for hiding, she fell down and suffered injuries. 22. A perusal of deposition of eye witnesses reveal that accused persons in a group forming unlawful assembly, some armed with deadly weapons like sword and axe and others sticks and rods, attacked on members of the prosecution party with an object to commit murder and cause injuries to one and all who may come in their way. On account of the injuries caused in furtherance of the common object, two persons namely Nanji and Naru died and others suffered injuries. 23. But then, undoubtedly, there exists some variance in the deposition of eye witness regarding the persons who are named as members of unlawful assembly. Each witness has not named some of the accused specifically but deposed that the accused involved in commission of the crime were present in the court. PW1- Jhamku, injured eye witness, has not named accused Takudi, Dhula and Laxmi. PW 2-Heera has not named Takudi, Champa and Laxmi but named Nathu, who was not prosecuted. Each witness has not named some of the accused specifically but deposed that the accused involved in commission of the crime were present in the court. PW1- Jhamku, injured eye witness, has not named accused Takudi, Dhula and Laxmi. PW 2-Heera has not named Takudi, Champa and Laxmi but named Nathu, who was not prosecuted. PW6-Kalki has not named Takudi, Champa, Chokhla and Takhta. PW7-Smt. Meera has not named Kamla, Jhamku, Prabhu, Logar and named Ramesh who was not prosecuted. PW8-Smt. Ganga has not named Mangla. 24. Coming to the overt act assigned by the eye witnesses to the accused persons specifically, PW2-Heera deposed that in the first instance, Vakta inflicted injury on Naru by stone. PW6-Kalki also deposed that Vakta threw stones and cut Naru's legs. She further deposed that Naru and Nanji were belaboured by Vakta; in the first instance, Vakta attacked Naru, he fell down then he cut his legs. Similarly, PW7-Meera deposed that Vakta attacked Naru by sword and cut his legs. PW8-Ganga deposed that Kamla was armed with axe, Logar with sword and Vakta with iron rod, all came together and attacked them. Naru's legs were cut. It is pertinent to note that at the instance of Vakta, blood stained axe was recovered vide Ex.P/10. PW3-Hagiya one of the witness of recovery has admitted his thumb impression on the recovery memo Ex. P/10 and memo of site verification recovery Ex.P/11, however, in cross examination denied the recovery having been made in his presence. Other witness of recovery PW13-Poona turned hostile, however, he also admitted his signature on the recovery memo Ex.P/10 and memo of site verification of recovery Ex.P/11. PW24-Vivek Singh, Investigating Officer, deposed that pursuant to the information of accused Vakta, Ex.P/91, axe was recovered vide Ex.P/10 which was sent in the sealed packet marked as 'L' to Forensic Science Laboratory for examination. As per FSL report Ex.P/111, the axe recovered at the instance of the accused Vakta marked as 'L' was found to be stained with blood of Group 'A' i.e. the blood group of deceased Naru. That apart, as per injury report Ex.P/52, Vakta s/o Dhanna suffered simple injuries during the incident occurred. In this view of the matter, it stands established that Vakta was involved in commission of the crime and he used the weapon axe in belabouring deceased Naru. 25. That apart, as per injury report Ex.P/52, Vakta s/o Dhanna suffered simple injuries during the incident occurred. In this view of the matter, it stands established that Vakta was involved in commission of the crime and he used the weapon axe in belabouring deceased Naru. 25. The involvement of the accused Logar in commission of the crime stands established by deposition of PW1-Jhamku, PW2- Heera, PW6-Kalki, PW8-Ganga. PW7-Meera has not specifically named Logar but she has deposed that Naru and Nanji died on account of their being belaboured by the accused present in the court. There is nothing in deposition of PW7-Meera suggesting that Logar was not involved in commission of the crime. As per deposition of Investigating Officer PW24-Vivek Singh, on the information of the accused Logar Ex.P/100, blood stained sword was recovered vide Ex.P/35, which in sealed packet marked as 'P' was sent for examination to Forensic Science Laboratory. As per FSL report Ex.P/111, the Article marked as 'P' was found stained with blood of 'AB' group i.e. the blood group of deceased Nanji and thus, the involvement of Logar in the commission of the crime also stands established beyond doubt. 26. The involvement of accused Deva in commission of the crime is supported by the deposition of all the eye witnesses. As per deposition of Investigating Officer PW24-Vivek Singh, on the information supplied by accused Deva, vide Ex.P/105, the blood stained stick was recovered vide Ex.P/45, which in sealed packet marked as 'U' was sent to the Forensic Science Laboratory for examination. As per FSL report Ex.P/111, the stick recovered at the instance of Deva marked as 'U' was found to be stained with blood of group 'AB' i.e. the blood group of deceased Nanji. In this view of the matter, the involvement of Deva in commission of the crime also stands established beyond doubt. 27. The involvement of accused Kamla in commission of the crime also stands established by the deposition of eye witnesses. That apart, blood stained odhani of Smt. Kamla was seized by Ex.P/20, which as per the FSL report Ex.P/111, was found to be stained with blood of group 'A' i.e. the blood group of deceased Naru. 27. The involvement of accused Kamla in commission of the crime also stands established by the deposition of eye witnesses. That apart, blood stained odhani of Smt. Kamla was seized by Ex.P/20, which as per the FSL report Ex.P/111, was found to be stained with blood of group 'A' i.e. the blood group of deceased Naru. The blood stained axe recovered vide Ex.P/12 on the information given by accused Kamla vide Ex.P/92, as per FSL report was found to be stained with blood of group 'AB' i.e. the blood group of deceased Nanji. Thus, the involvement of Kamla in causing injuries to the deceased and others in furtherance of the common object also cannot be doubted. 28. The involvement of accused Mangla, Kalu and Prabhu also stands substantiated by deposition of the eye witnesses. At the instance of Mangla and Kalu, sticks and at the instance of Prabhu, iron rod were recovered, however, as per the FSL report Ex.P/111, on account of insufficiency of the blood for test, the origin of the blood stains on the said articles could not be determined. 29. The involvement of Vajja in the incident occurred stands substantiated by deposition of eye witnesses PW1-Jhamku, PW2- Heera, PW6-Kalki, PW7-Meera and PW8-Ganga. The involvement of accused Takhta and Chokha also stands proved by deposition of PW.1-Jhamku, PW2-Heera, PW7-Meera and PW8-Ganga. PW6-Kalki has not specifically named Chokha and Takhta however, deposed that the accused present in the court were indulged in beating and accused Takhta and Vajja were present in the court, the day on which the statement of PW6-Kalki were recorded. Further on the information furnished by accused Vajja vide Ex.P/41, iron rod was recovered and the verification of site of recovery was made vide Ex.P/42. At the instance of Takhta, sword was recovered vide Ex.P/43 and at the instance of Chokha, an iron rod was recovered vide Ex.P/39. These articles were also sent for examination to the Forensic Science Laboratory, however, no blood was detected on these articles. But on that account, we do not find any reason to doubt the deposition of eye witnesses which stands corroborated by the recovery made as aforesaid. 30. It is true that the eye witnesses while deposing regarding involvement of the aforesaid accused persons in the commission of crime have not attributed overt act to each of the accused persons specifically. But on that account, we do not find any reason to doubt the deposition of eye witnesses which stands corroborated by the recovery made as aforesaid. 30. It is true that the eye witnesses while deposing regarding involvement of the aforesaid accused persons in the commission of crime have not attributed overt act to each of the accused persons specifically. But then, apparently the accused persons forming an unlawful assembly some holding deadly weapons and some sticks indiscriminately attacked the members of the complainant party to retaliate and wreck vengeance because of earlier incident of Keshulal killing Mohan, the husband of Kamla. In the considered opinion of this court, in the circumstances wherein the present incident had occurred, it might not have been possible for the prosecution to lead evidence regarding the actual attack by the accused persons on the members of the complainant party and details thereof with exactitude. Thus, the defence put forward by the accused persons that no overt act has been assigned to them individually cannot be accepted when the offence is committed in furtherance of common object of unlawful assembly or such as the members of assembly knew likely to be committed in prosecution of the object. In this view of the matter, keeping in view the factum of the aforesaid accused persons attacking the members of the complainant party, weapons used, nature of injuries caused and result thereof, the medical and other corroborative evidence on record, the motive of crime as well as the surrounding circumstances, we are of the opinion that the guilt of the appellants accused Vakta, Deva, Takhta, Vajja, Smt. Kamla, Mangla, Kalu, Logar, Prabhu and Chokhla for offence under Section 148, 452, 323/149, 325/149, 302/149 IPC stands established beyond reasonable doubt. Accordingly, we maintain their conviction and sentence awarded by the trial court. 31. As discussed hereinabove, at the instance of accused Logar and Takhta, swords were recovered. It is not even their case that they were holding any valid licence for that and thus, the conviction of appellants accused Logar and Takhta for offence under Section 4/25 of the Arms Act also cannot be faulted with. Accordingly, their conviction and sentence awarded by the trial court is maintained. 32. It is not even their case that they were holding any valid licence for that and thus, the conviction of appellants accused Logar and Takhta for offence under Section 4/25 of the Arms Act also cannot be faulted with. Accordingly, their conviction and sentence awarded by the trial court is maintained. 32. Coming to the remaining appellants accused namely, Raju, Sawali, Jhamku, Laxmi, Leela, Vardi, Takudi, Dhula, Harku and Champa, they have also been named by the eye witnesses of course, with little variance but then, no recovery whatsoever has been made at the instance of these accused persons. Of course, on the basis of the information supplied by them, the place of occurrence has been verified but it cannot be disputed that the place of occurrence, which is alleged to have been verified on the basis of the information supplied by these accused, was already known to the police. Moreover, on the facts and in the circumstances of the case, where there existed enmity between the parties on account of Kesu, the husband of accused Smt. Kamla, having killed Mohan and he being prosecuted for the same, the possibility of over implication of the members of the family of the accused party cannot be ruled out and thus, in absence of any credible corroborative evidence, this court does not find it safe to convict the appellants Raju, Smt. Sawali, Smt. Jhamku, Smt. Laxmi, Smt. Leela, Vardi, Smt. Takudi, Dhula, Smt. Harku and Smt. Champa for offences under Sections 148, 452, 323/149, 325/149, 302/149 IPC and accordingly, they deserve to be acquitted of the charges. 33. In the result, the appeals Nos.622/14, 623/14, 624/14, 625/14, 626/14, 627/14, 628/14, 629/14 and 749/14 are allowed. The appellants Dhula, Vardi, Smt. Takudi, Smt. Harku, Smt. Laxmi, Smt. Sawali, Smt. Leela, Smt. Champa, Smt. Jhamku Devi and Raju are acquitted of the charges for offences under Sections 148, 452, 323/149, 325/149, 302/149 IPC. The appeals being No.564/14, 743/14, 744/14, 745/14, 746/14, 747/14, 748/14, 750/14, 751/14 & 752/14 preferred by the appellants Smt. Kamla, Chokharam, Vakta, Deva, Kalu, Prabhulal, Mangla, Logar, Vajja and Takhtaram are dismissed. Accused Smt. Kamla, Chokharam, Deva, Kalu, Prabhulal, Mangla and Vajja are on bail. Their bail bonds shall stand forfeited. They shall surrender forthwith for undergoing the remaining sentence. The appeals being No.564/14, 743/14, 744/14, 745/14, 746/14, 747/14, 748/14, 750/14, 751/14 & 752/14 preferred by the appellants Smt. Kamla, Chokharam, Vakta, Deva, Kalu, Prabhulal, Mangla, Logar, Vajja and Takhtaram are dismissed. Accused Smt. Kamla, Chokharam, Deva, Kalu, Prabhulal, Mangla and Vajja are on bail. Their bail bonds shall stand forfeited. They shall surrender forthwith for undergoing the remaining sentence. The bail bonds of Dhula, Vardi, Smt. Takudi, Smt. Harku, Smt. Laxmi, Smt. Sawali, Smt. Leela, Smt. Champa, Smt. Jhamku Devi and Raju, who have been acquitted of the charges as aforesaid shall stand discharged. Dhula, who is in custody, shall be released forthwith. However, the appellants Dhula, Vardi, Smt. Takudi, Smt. Harku, Smt. Laxmi, Smt. Sawali, Smt. Leela, Smt. Champa, Smt. Jhamku Devi and Raju shall furnish personal bond in sum of Rs.25,000/- each with a surety of the like amount in terms of provisions of Section 437A Cr.P.C. before the trial court.