JUDGMENT :

Sandeep Mehta, J.

1. The appellants herein have been convicted and sentenced as below vide judgment dated 08.03.2017 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Bikaner in Sessions Case No.77/2013:

2. Being aggrieved of their conviction and sentences, the appellants have preferred this appeal under Section 374(2) Cr.P.C.

3. Facts relevant and essential for disposal of the appeal are noted hereinbelow:

One Shri Omi Lal (PW-8) lodged a written report (EX.P/20) at the Police Station Chhattargarh, District Bikaner on 08.10.2013 at 05.00 PM alleging inter alia that he and his brother Bhawani Shankar both resided in the same house in Ward No.4, Chhattargarh, District Bikaner. His brother was coming back after making purchases from the market. Neena @ Meena, her daughter and 3-4 persons were standing outside the house of Neena. While his brother was passing from the front of house of Neena, these persons attacked him, tied him with a rope and dragged him inside the house of Neena where he was assaulted by lathis and sticks and was gravely wounded. Neena had made an illegal encroachment in Ward No.4 and was indulged in prostitution activities. The residents of the locality were opposed to this activity and thus, Neena started bearing a grudge and owing to this animosity, his brother had been beaten. The neighbours Ramlal, Jaitaram and the informant heard the cries of Shri Bhawani Shankar on which, they ran towards the house of the accused and realised that he had been dragged inside. They immediately rushed to the Police Station and gave information regarding the incident. The police reached the spot. An ambulance was called and Bhawani Shankar was taken to the local hospital from where, he was referred to Bikaner. On reaching Bikaner, the doctors declared Bhawani Shankar to be dead. His brother was having a sum of rupees 10,200/-with him which was snatched away by Neena, her daughter Rekha @ Anmol and their companions. He asserted in the FIR that call details of Neena and Rekha should be procured and proper inquiry be made regarding their conduct.

On the basis of the report aforestated, FIR No.227/2013 (Ex.P/22) came to be registered at the Police Station Chhatargarh for the offences punishable under Sections 302 & 143 of the IPC and Section 3(2)(V) of the SC/ST Act and investigation was commenced. Statements of material witnesses were recorded under Section 161 Cr.P.C. Site inspection was carried out. Dead body of Shri Bhawani Shankar was subjected to autopsy by a Medical Board constituted at the PBM Hospital, Bikaner which issued a postmortem report (Ex.P/15) taking note of 23 injuries on the body of the deceased most of which were bruises and abrasions. The only fracture was noted on the right wrist joint. There was a lacerated wound admeasuring 2.5X1.5X1 cms. on the liver underneath the injury on costal area which led to excessive bleeding. 1.5 liters blood was found in abdominal cavity. It was opined that injuries were caused by blunt weapon and were antemortem in nature. The Board gave an opinion that the cause of death of Shri Bhawani Shankar was cumulative effect of multiple injuries leading to loss of blood and hypovolumic shock.

It may be stated here that the unknown assailants, referred to in the FIR, were not identified during investigation. The accused appellants were arrested on 08.10.2013 and the usual recoveries were effected at their instance.

Investigation was concluded and charge sheet was filed against the appellants herein for the offences punishable under Sections 302/34 & 342 IPC and Section 3(2)(V) o