Sunil Kumar Sinha, J.:-

1. These appeals are directed against the judgment of conviction and order of sentence dated 17th of December. 2002 passed in Special Case No.1 55/2001 by the Special Judge under S.C. & S.T. (Prevention of Atrocities) Act. 1989. Bilaspur, whereby appellant panchu Yadav has been convicted u/s 302 IPC and section 3(2)(V) of the Scheduled Castes and scheduled Tribes (Prevention of Atrocities) Act. 1989 (hereinafter referred to as the Special Act) and sentenced to undergo imprisonment for life in two counts respectively and to pay a fine of Rs.500/- in the first count in default thereof to further undergo S.I. for two months and the appellant Ram Bharose has been convicted u/s 302/34 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs.500/- in default thereof to further undergo S.I. for two months.

2. The case of the prosecution is that on 18.8.2001, Dilip Kumar, since deceased, was grazing his cattle in Gadahiyadihkhar. Ishwari Prasad (P.W.2) and Bhuruwa Ram (P.W.4) were also grazing their cattle in nearby place. At about 3 p.m., appellant pauchu came there along with his one associate. He started abusing Dilip, saying why he has