JUDGMENT :

Sandeep Mehta, J.

1. The appellants herein have been convicted and sentenced as below vide judgment dated 28.10.2017 passed by learned Special Judge, SC/ST (Prevention of Atrocities Cases), Bikaner in Sessions Case No.42/2014:-

2. They have preferred the instant appeal under Section 374 (2) Cr.P.C. for assailing their conviction and the sentences awarded to them by the trial court by the impugned judgment.

3. Briefly stated the facts relevant and essential for disposal of the instant appeal are noted hereinbelow:-

4. Shri Krishan Ram (PW.6) submitted a written report (Ex.P/15) to the SHO, PS Kalu District Bikaner on 13.05.2014 at 01:30 pm alleging inter alia that his elder brother Ram Chandra left his home on 08.05.2014 in the morning at about 9 o’ clock saying that he was going to collect payment towards sale of cattle herd from Setha Ram. On 11.05.2014, a call was received from Setha Ram’s phone on the mobile phone of Sahab Ram and an enquiry was made as to whether Ram Chandra had reached home. Sahab Ram replied in the negative on which, Setha Ram disconnected the phone. On 13.05.2014, an information was received regarding a dead body lying in a field near Kalu Pyau, upon which the informant, along with Jetha Ram, Mani Ram, Manaram and Satpal went there and saw the dead body of Ram Chandra lying in a ramshackle roofless building. He alleged that some unknown persons had murdered his brother. On the basis of this report, an FIR No.41/2014 (Ex.P/16) came to be registered at the Police Station Kalu and investigation was assigned to the SHO PS Kalu Shri Manoj Kumar (PW.14). The dead body of Shri Ram Chandra was subjected to autopsy by a medical board which issued the postmortem report (Ex.P/14) taking note of the fact that the victim had been subjected to genital mutilation. The body was in an advanced stage of decomposition. Maggots were present therein. The visceras were preserved for serological and chemical examination. The Investigating Officer recorded statements of witnesses some of whom, gave evidence of last seen, against the accused appellants on the basis whereof, they were arrested. It is alleged that acting on the informations provided by the accused, incriminating recoveries of certain personal articles of the deceased and some blood stained articles were effected. After concluding the investigation, the IO filed a charge-sheet against the accused appellants, Mangla Ram S/o Shri Setha Ram and Mamraj S/o Shri Setha Ram for the offences punishable under Sections 302, 201, 120B, 147 read with Section 149 IPC and Section 3 (ii)(v) of the SC/ST (Prevention of Atrocities) Act.

5. The case was committed to the Court of Special Judge, SC/ST Act Cases, Bikaner for trial where charges were framed against the accused appellants and two co-accused persons for the above offences. They pleaded not guilty and claimed trial. The prosecution examined as many as 17 witnesses and exhibited 79 documents to prove its case. The accused were questioned under Section 313 Cr.P.C. and upon being confronted with the allegations appearing against them in the prosecution evidence, they denied the same; claimed that they had been falsely implicated in the case and sought acquittal. Two witnesses were examined and three documents were exhibited in defence. The trial court formulated the points of consideration in the following terms:-

“(1). Whether Ram Chandra, molested the wife of Setha Ram on the night of 08.05.2014 on which, she raised a hue and cry on which, the accused a