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 Stat