JUDGMENT :

Sandeep Mehta, J.

1. The appellants herein have been convicted and sentenced as below vide judgment dated 05.08.2019 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Pali in Sessions Case No.32/2014 (C.I.S. No.815/2014) :

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

3. Since both these appeals arise out of a common Judgment, they have been heard and are being decided together.

4. Facts relevant and essential for disposal of the appeals are noted hereinbelow:

5. A written report (Ex.P/9) was submitted by Mahendra Singh (PW-4) to the SHO, Police Station Jaitaran, District Pali on 15.05.2012 at 09.00 am. at the place of incident in the village Hunawas Kalan alleging inter alia that his mother Smt. Sukhi Devi was residing in the village Hunawas Kalan for the last 20-25 years. Hukma Ram was embroiled in a criminal case regarding assault on his wife Harkudi, who came to the house of Sukhi Devi seeking help. About 3-4 days ago, Hukma Ram, his son Dharma Ram, Jairam and Mangla Ram came to their house and insinuated as to how the members of the complainant party, who belong to a lower caste (Baori), had dared to offer food and shelter to a woman of Seervi community. They pledged revenge saying that the members of the complainant party would face dire consequences. On the night intervening 14/15.05.2012, as per usual practice, his mother Sukhi Devi and sister Ramkanya were sleeping on separate cots in the Bada (courtyard) when some assailants broke into the house. They discretely shifted the cot of Ramkanya to some distance and killed Sukhi Devi by inflicting blows of sharp weapons on her jaw, neck, hand and chest. On 15.05.2012, the informant went to his mother’s house in the morning to collect milk on which, he saw that his mother had been murdered. He alleged that Madanlal, Madanlal’s wife, Banshilal, Banshilal’s wife and Dhagla Ram Bawri, residents of Hunawas Kalan were embroiled in land disputes with his mother Sukhi Devi and many cases had been registered between them. He expressed a suspicion that these persons might have conspired to get his mother murdered.

On the basis of this report, an FIR No.155/2012 (Ex.P/33) came to be registered at the Police Station Jaitaran, District Pali for the offences punishable under Sections 302 and 120B IPC and Section 3(2)(v) of the SC/ST Act. The usual investigation was undertaken. The dead body of Smt. Sukhi Devi was subjected to autopsy through a Medical Board constituted at the Community Health Center, Jaitaran which issued the postmortem report (Ex.P/31) taking note of four sharp weapon injuries on the body of the deceased associated with fractures and excessive bleeding which led to her death. The crime scene was inspected. The police arrested the accused Hukma Ram and effected recoveries as usual. Statements of relevant witnesses were recorded under Section 161 Cr.P.C. Investigation was concluded and a charge-sheet was filed only against Hukma Ram for the offences punishable under Section 302 of the IPC and Section 3(2)(v) of the SC/ST Act. The learned Additional Chief Judicial Magistrate, Jaitaran, did not accept the police report and exercised powers under Section 190 Cr.P.C. to summon the accused Madanlal, Bagduri, Budha Ram, Banshilal, Narbada, Mangla Ram and Jairam as additional accused and also took cognizance for the offences punishable under Sections 450, 302, 147, 148 and 120