The prosecution must prove the existence of an unlawful assembly, the reliability of the evidence, and the correctness of the trial court's appreciation of the evidence in order to secure a conviction.

1. - D.B. Criminal Appeal No. 332/33 has been preferred by Krishna and Munshi and D.B. Criminal Appeal No. 328/83 has been preferred by Mahaveer, Rajveer, Pappu, Pyare Lal and Ramesh. All these appellants were found guilty and sentenced by the Additional Sessions Judge, Dholpur in Session Case No. 35/1983. Both these appeals are against the same judgment, hence they they are disposed of by this common judgment.

2. The accused-appellants have been found guilty and sentenced by the Additional Sessions Judge, Dholpur vide his judgment dated 17.8.83 as under:-

(i) Accused Mahaveer:

(ii) for offences under section 436 IPC to five years' rigorous imprisonment and a fine of Rs. 2000/-, in default of payment of fine to further undergo six months' rigorous imprisonment.

(iii) for offences under section 395 IPC to seven years' rigorous imprisonment and a fine of Rs. 2000/- in default of payment of fine to further undergo six months' rigorous imprisonment.

(2) Accused Rajveer and Pyarelal:

(i) for offences under section 302/149 IPC to imprisonment for life and a fine of Rs. 2000/- in default of payment of fine to further undergo six months' rigorous imprisonment.

(ii) for offences under Section 436 IPC to five years rigorous imprisonment and a fine of Rs. 2000/-, in default of payment of fine to further undergo six months' rigorous imprisonment.

(iii) for offences under Section 395 IPC to seven years' rigoifras imprisonment and a fine of Rs. 2000/-, in default of payment of fine to further undergo six months' rigorous imprisonment.

(3) Accused Pappu:

(i) for offences under section 302 IPC to imprisonment for life and a fine of Rs. 2000/-.

(ii) for offences under section 395 IPC to seven years' rigorous imprisonment and a fine of Rs. 2000/-, in default of payment of fine to further undergo six months'rigorous imprisonment,

(4) Accused Ramesh:

(i) for offences under section 302 IPC to imprisonment for life and a fine of Rs. 2000/-.

(ii) for offences under section 395 IPC to seven years' rigorous imprisonment and a fine of Rs. 2000/-, in default of payment of fine tc further undergo six months' rigorous imprisonment.

(5) Accused Krishna:

under section 302 read with 149 IPC imprisonment of life and fine of Rs.2000/- & in default of payment of fine 6 months' rigorous imprisonment.

under section 436 IPC rigorous imprisonment for five years & a fine of Rs. 2000/- and in default of payment of fine 6 months' rigorous imprisonment.

under section 395 IPC rigorous imprisonment for 7 years and a fine of Rs. 2,000/- and in default of payment of fine 6 months' rigorous imprisonment.

(6) Accused Munshi:

under section 302 IPC rigorous imprisonment for life and a fine of Rs. 2000/- and in default of payment of fine 6 months' rigorous imprisonment.

under section 148 IPC rigorous imprisonment for one year.

under section 395 IPC rigorous imprisonment for 7 years and a fine of Rs. 2,000/-, in default of payment of fine 6 months' rigorous imprisonment.
All the sentences were ordered to run concurrently.

3. The brief facts of this case are that Sobaran Singh Sarpauch gave verbal information at Police Station, Badi on 23rd August, 1981 at 12.10 p.m. to the fact that he had heard in village Abdulpur that three persons have been killed and their houses have been put to fire by Thakurs yesterday at about 5-6 p.m. due to an old enmity going on between Shamars and Chauhans. He had stated that he does not know other details as to who was killed by whom. On receipt of this information the SHO Badi ran at the spot and he recorded the parcha-bayan of Gokui which is Ex. P 1. In that parcha-bayan Gokul stated that yesterday evening at 5 O' clock he had come from his field to his house. Ram Bharose and Shankar were sitting on the roof of the house. The ladies of the house were working in the house. At that time Ram Bharose cried that miscreants had field at Baboo. Siya Ram closed the door of the house Ram Bharose. Shanker and Bhikha entered in to the 'kotha' of Baboo and Siya Ram also ent