1. - This criminal appeal by seven appellants arises out of the judgment and order dated 9.7.1999 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Act) Cases, Sawaimadhopur, thereby convicting and sentencing the appellants in the manner stated below :

2. Accused-appellant-Hemraj and Ramniwas were further convicted for offence u/s. 379 IPC and each was sentenced to undergo one year's simple imprisonment with a fine of Rs. 200/- each, in default of payment of fine, 15 days simple imprisonment to each of them. All the sentences were ordered to run concurrently.

3. The accused-appellants were tried for having committed the offence u/ss. 148, 307/149, 326/149, 325/149, 324/149, 323/149, 379 & 379/149 IPC, for forming an unlawful assembly and causing such injuries to Brij Raj Singh which were sufficient in the ordinary course of nature to cause death and for other criminal acts.

4. The prosecution case in nutshell is that having received the Parcha Bayan, Ex.P/3 of PW-6 Brijraj Singh, recorded on 12.10.1994, the police registered a case vide FIR, Ex.P/27. In the Parcha Bayan, injured Brijraj Singh alleged that on the day of incident, at about 9.00- 10.00 a.m. he was on way from village Adhar to his Farm, on a motor-cycle. He had with him a 12bore licenced gun. He parked his motor cycle near `Nahar-ka-khura'. One Jairaj Singh was ploughing the land known as Todraji ke Balaji, which Jairaj Singh had taken for ploughing. It was alleged that Jairaj Singh, Udaibhan, Sarupa Nai, Ram Prasad Kumhar and other were also ploughing the fields. In the mean time, accused-Karna, Ramdayal, Shambhu, Madhya, Ramniwas, Girraj Meena, Birbal son of Karna and 2-3 others came there duly armed with lathis and Gandasis and caught hold of him. The injured alleged that he, in his defence, fired gun in the air, but despite air firing, the accused attacked on him. Karna Meena and his son inflicted gandasi blows at his right armpit, while other accused collectively, with an intention to cause death, inflicted injuries on his head, left hand, left leg, right ear with their respective weapons. He further alleged that accused snatched his gun and motor cycle and having perceived that he is dead, they left the place with his gun and motor cycle. The villagers brought the injured to the hospital.

5. In the course of investigation, police prepared the site plan, Ex.P/28 and collected blood stained and controlled soil from the place of incident vide memo Ex.P/29. The police also collected the injury report (Ex.P/23) and X-ray report (Ex.P/24). Accused-Virbal, Ramphool, Girraj, Madholal, Ramniwas, Hemraj, Ramdayal and Ram Karan were arrested vide arrest memos Ex.P/13 to P/20, respectively. The accused-Ramniwas furnished information (Ex.P/30) as regards recovery of lathi, while accused-Virbal, Ramdayal, Ram Karan, Hemraj, Girraj and Hemraj furnished informations Exs. P/31 to P/36 an