Sunil Kumar Sinha, J. :-

1. This appeal is directed against the judgment of conviction and order of sentence dated 16.4.2003 passed by the Additional Sessions Judge and Special Judge under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Surguja, Ambikapur in Sessions Trial No. 320/2000, whereby the appellants were convicted under Sections 147, 148, 302/149, 307/149 & 323/ 149 I.P.C. and sentenced to undergo R.I. for one year, R.I. for ½ year, R.I. for life and fine of Rs.l,000/-, in default of payment of fine to further undergo additional imprisonment for 1 month, R.I. for 4 years and fine of Rs.2,000/-, in default of payment of fine to further undergo R.I. for 1 month and R.I. for one year and fine of Rs.500/-, in default of payment of fine to further undergo R.I. for 15 days with a further stipulation to run the sentences concurrently.

2. The accused persons, 14 in numbers, were charged with the offence punishable under Sections 147, 148, 302, 302/149, 307, 307/149 & 323/149 of the I.P.C. The allegations are that they being the members of an unlawful assembly, in prosecution of common object of that assembly, committed murder of the deceased-