Kanwaljit Singh Ahluwalia, J.

Birbal Meena was in the possession of Bolero SUV (Sports Utility Vehicle) bearing Registration No. RJ 14 UA 4770. Anandi Lal @ Nanda, Subhash Sharma, Kailash @ Deewana and Vinod Kumar @ Dholya were last seen travelling in the said Bolero vehicle along with Birbal Meena. The case of the prosecution is that to commit robbery of the said Bolero vehicle, the above said four accused on the intervening night of 8th and 9th of October, 2006, committed murder of Birbal Meena by causing injury on his head, thereby committed offence punishable under Section 302 IPC. It is the further case of the prosecution that after committing murder of Birbal Meena, the accused have thrown his dead body in the ditch (Khai) in the revenue state of village Gadi Johara Bada falling within the jurisdiction of Ringas and thus, committed the offence punishable under Section 201 IPC.

2. Since the appellants have also forcibly taken away the Bolero vehicle belonging to the deceased Birbal Meena, they were tried for the offence under Section 392/34 IPC and also under Section 3(2)(5) of SC/ST (Prevention of Atrocities) Act (hereinafter to be referred as the 'SC/ST Act').

3. The court of Special Judge, SC/ST (Prevention of Atrocities) Cases, Sikar, vide impugned judgment dated 29.11.2008 acquitted Vinod Kumar @ Dholiya Gurjar, respondent No.1 in Appeal No. 707/2009 but held the accused Anandi Lal @ Nanda, Subhash Sharma and Kailash @ Deewana guilty of offence under Sections 302, 201, 392/34 IPC and 3(2)(5) of SC/ST Act. Since Anandi Lal @ Nanda himself belonged to SC/ST Act, he was acquitted for the offence under Section 3(2)(5) of SC/ST Act but was convicted for the offences under Sections 302/201 and 392/34 IPC. The trial court vide a separate order of even date, sentenced the appellants for the aforesaid offences as under:-

U/s 302 IPC- to undergo life imprisonment and to pay a fine of Rs. 1000/- each, in default of payment of fine, to further undergo six months R.I.

U/s 392/34 IPC- to undergo ten years R.I. and to pay a fine of Rs. 500/- each, in default of payment of fine, to further undergo three months R.I.

U/s 201 IPC- to undergo three years R.I. and to pay a fine of Rs. 500/- each, in default of payment of fine, to further undergo one month R.I.

U/s 3(2)(5) SC/ST Act- to undergo life imprisonment and to pay a fine of Rs. 1000/- each, in default of payment of fine, to further undergo six months R.I.

4. Aggrieved against their conviction and sentence, Anandi Lal @ Nanda has filed D.B. Criminal Appeal No. 1280/2008, Subhash Sharma has instituted D.B. Criminal Appeal No. 1281/2008 and Kailash @ Deewana has preferred D.B. Criminal Appeal No. 114/2009. The State of Rajasthan was equally aggrieved against the acquittal of Vinod Kumar @ Dholya Gurjar and has preferred the State Appeal which was assigned docket number D.B. Criminal Appeal No. 707/2009. Thus, three accused, namely Anandi Lal @ Nanda, Subhash Sharma and Kailash @ Deewana have filed separate appeals challenging their conviction and sentence, whereas State has preferred the appeal praying that acquittal of Vinod Kumar @ Dholya Gurjar be set aside. Since in all the appeals, common judgment has been assailed, we shall decide all the appeals together.

5. In the present case, the criminal proceedings were set into motion on the basis of written report (Exhibit-P/9) submitted by Sita Ram (P.W.10) before S.I. Babu Lal (P.W.26), who was then posted as Incharge of Police Station Srimadhopur.

6. Sita Ram (P.W.10) in the written report (Exhibit- P/9) stated that on 9.10.2006, at about 9:00 AM, in the morning, he was going towards Arniya. While passing through Gadi Johara Bada, then in a ditch he found a dead body of unidentified person. On the said dead body, there was injury on the head from which blood was oozing out and there was an injury on the face also. There was a ligature mark around the neck and one green colour Lungi was tied around the neck. Sita Ram in his written r