Appeal No. 2129 of 20143. The case of the prosecution, in succinct, was as under: - ‘On 01.10.1996, at about 1.00 pm, the respondents herein viz., Ramjan Khan, Musaf Khan @ Musab Khan and Habib Khan, by cutting/beating with sickle, axe and stick caused death of Naseem Khan, near the village well of Karaikheda and thereby committed the crime punishable under Section 302 read with Section 34, of the Indian Penal Code (for short the ‘IPC’).’ 4. As mentioned above, the respondents herein were tried by the Court of Additional Sessions Judge, Sironj. The prosecution had examined 19 witnesses including Haseen Khan (PW-5) and Farid Khan (PW-9), who are the real brothers of deceased Naseem Khan and eye witnesses. Documentary evidence including the postmortem report prepared by Dr. S.S. Thakur (PW-1) were tendered by the prosecution. On the side of the defence two witnesses were examined. 5. The trial Court relied on the oral testimonies of PW- 5 and PW-9, the minor brothers of the deceased