Hon'ble CHAUHAN, J.—Both the accused-appellants, Shree Lal and Mithalal @ Mithya, are aggrieved by the judgment dated 30.10.2006 passed by the Special Judge, SC/ST (Prevention of Atrocities) & Additional Sessions Judge, Sawai Madhopur whereby the learned Judge has convicted both of them for offences under Sec. 302 read with Sec. 149 IPC, but has acquitted them for offence under Sec. 201 IPC. For offence under Sec. 302/149 IPC, the learned Judge has sentenced them to life imprisonment, and imposed a fine of Rs.1000/- each, and directed that they shall undergo a rigorous impri-sonment for further three months in default thereof. Since both the appellants have filed two different appeals, namely D.B. Criminal Appeal No.1232/06, filed by Shree Lal, and D.B. Criminal Appeal No.222/07, filed by Mithalal @ Mithya, both these appeals are being decided by this common judgment.

2. Briefly, the facts of the case are that on 5.2.2003, Hansraj (P.W.1), submitted a written report (Ex.P.1) before the Superintendent of Police, Sawai Madhopur. In the report, Hansraj (P.W.1) claimed that his brother, Jugraj, was an accused in a criminal case, and was absconding ever since September, 2002. Therefore,

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