Vijay Kumar Vyas, J.

1. This criminal appeal has been preferred against the judgment dated 27.2.1996 passed by learned Sessions Judge, Sawaimadhopur, in Sessions Case No.174/1993, whereby appellants were acquitted of the charges u/s 307, 307/149, 326 and 326/149 IPC and convicted for the offences punishable u/s 147, 148, 325/149, 324/149 and 323/149 IPC and were not punished but ordered if each of them furnishes a personal bond of Rs.3000/- with a surety of the like amount and each of them deposits Rs.1,000/-for expenses of prosecution, they may be given the benefit of probation on condition that they will maintain peace and good conduct during two years. On depositing the amount, Rs.3,000/- were ordered to be paid to Ramjatan @ Mota and Rs.1,000/-were ordered to be paid to Ramratan.

2. In brief, facts of the case are that on 12.8.1993 Ram Kishore Meena (PW-5) submitted a written report (Ex.P-3) at Police Station Mallarnadoongar alleging, inter alia, that on the day at about 1½ O'clock he heard a noise of crying and he rushed to an agricultural field where his brother Ram Ratan was harvesting, he saw there that Ram Kishan, Ram Kalyan, Moji Ram, Shyoji Ram, Smt. Phula W/o Sh