K.K. Acharya, J.-This jail appeal has been filed by the appellants against the judgment dated 8-6-2000 passed by Special Judge, SC/ST (Prevention of Atrocities Cases), Udaipur whereby the accused appellants Govardhan Lal and Chunni Lal were convicted for the charges under Section 302 read with Section 34, I.P.C. and Section 3(2)(5) of SC/ST (Prevention of Atrocities) Act (hereinafter referred to as the “Act” only). For the charge under Section 302 read with Section 34, I.P.C., the Special Judge, Udaipur sentenced both the accused appellants to undergo life imprisonment and to pay fine Rs. 1,000/-and in default of payment of fine to further undergo R.I. for three months. The same sentence was passed against them for the offence under Section 3(2)

(5) of the Act. Both the sentences were directed to be run concurrently.

2. Theappeal was admitted on 3-8-2000 and notice was issued to the Public Prosecutor. Record of the lower Court was called for. Mr. Sanjeev John, learned counsel was appointed as amicus curiae to assist the Court.

3. The brief facts of the case are that on oral information lodged by one Manoharlal, a case under Section 302, I.P.C. was registered at Police Station Dabok on 28-5-1999. Manohar Lal has informed the Police orally that when he was sleeping in his house at about 11 p.m., his cousin Sohan Lal came to his house and informed him that Govardhan Lal and Chunni Lal have taken away his brother Shanti Lal towards the fodder shed. He rushed to that place. His father and brother Hinimat also came there and they saw that Govardhan Lal and Chunni Lal were beating Shanti Lal. Then, they intervened and when they were returning to their house, Chunni Lal and Govardhan Lal again came there having sword and ‘churi’ (knife) in their hands respectively. They told that why you called their mother as ‘Dakan’. After saying this, Chunnilal inflicted one blow over the right hand of Shanti Lal and Govardhan has given a stab wound with churi at the back of the chest of Shanti Lal and thereafter they ran away. Blood started oozing profusely and Shantilal became unconscious. Then the Police was informed through telephone. The Police arrived at the spot and Shantilal was shifted to hospital where he was declared dead. This statement was recorded on 28-5-1999 at 12.30 a.m. and F.I.R. was registered at 2.00 a.m. in the same night. Thereafter, investigation was conducted. The police inspected the site inimediately. Postmortem was also done. Statement of witnesses were also recorded. Both the accused persons were arrested and police recovered the bloodstained sword as well as the ‘churi’ as per information of the accused. Soil as well as bloodstained soil was taken from the spot. Cloths of the deceased were also taken. All these articles were sent to FSL for chemical examination. After investigation, charge-sheet was filed against the accused-appellants before the Court. Thereafter, the case was committed to the Special Judge, SCl ST (Prevention of Atrocities Cases), Udaipur.

4. TheSpecial Judge, Udaipur has framed the charges under Sections 302/34, I.P.C. and 3(2)(5) of the Act against the accused appellants. The accused appellants have not pleaded guilty and sought trial.

5. Theprosecution has examined PW-1 Manoharlal, PW-2 Himmatlal, PW-3 Logarlal, PW-4 Smt. Prembai, PW-5 Chatra, PW-6 Moti, PW-7 Rooplal, PW-8 Arjunlal, PW-9 Mohanlal, PW-10 Lakki alias Liladhar, PW-

Ro shanlal, PW- 12 Mangilal, PW- 13 Laluram, PW- 14 Sohanlal, PW- 15 Dr. Tanvir Rijvi, PW- 16 Udailal, PW- 17 Man Singh, PW- 18 Mujammal Husain, PW- 19 Dr. G. L. Daad, PW-20 Dr. S. K. Bhatnagar, PW-21 Rajiv Joshi and PW-22 Han Singh Rathore. Thereafter, accused were examined under Section 313, Cr. P. C. No evidence was led by the accused appellants. After hearing both the parties, the learned Special Judge, Udaipur held both the accused guilty for the charges under Sections 302/34, I.P.C. and Section 3(2)(5) of the Act and sentenced them as aforesaid against which