JUDGMENT :

UDAY UMESH LALIT, J.

1. This appeal, at the instance of Devilal son of Chetaram Gujar and his two sons Gokul and Amrat Ram, is directed against the judgment and order dated 14.09.2006 passed by the High Court ¹ [High Court of Madhya Pradesh, Bench Indore] in Criminal Appeal No.700 of 1999.

2. The appellants along with one Gattubai, wife of accused Devilal, were tried in Special Offence Case No. 88 of 1998 in the court of Special Judge (SC/ST), Mandsaur, Madhya Pradesh under Sections 302 read with 34 of the Indian Penal Code (for short, ‘IPC’) and Sections 3(1)(10) and 3(2)(5) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (‘SC/ST Act’, for short).

3. The instant crime arose out of F.I.R. No.212 of 1998 registered at 11.10 p.m. on 19.07.1998 with Police Station Manasa, District Neemach, Madhya Pradesh. The reporting made by one Ganeshram was to the following effect:-

“I am resident of village Khera Kushalpura. On 14.7.98, there had been quarrel between Devilal son of Jetram Gurjar and me in village Khera Kusalpura. Today, in the evening I was coming from Binabas after doing my work and going by walk to my house. At about 8 p.m., while go