Honble SHIV KUMAR SHARMA, J.–In respect of incident occurred on October 1, 1995 five accused were tried for having committed murder of Moti Lal, by the learned Special Judge SC & ST (Prevention of Attrocities Cases) Sawai Madhopur. The learned judge vide judgment dated November 20, 1976 convicted and sentenced all the accused as under -

U/s. 148 IPC to suffer two years R.I.

U/s. 302/149 IPC to suffer imprisonment for life and fine of Rs. 500/- in default of payment of fine to further sentence of one Year R.I.

U/s. 323/149 IPC to suffer one year R.I.

All the sentences were ordered to run concurrently.

(2). Briefly stated the prosecution case is that on October 1, 1995 the informant Banshi (PW. 7) and Moti (now deceased) were called by the appellants to their house to settle the boundary dispute. On hearing from Moti that question of fresh settlement did not arise as the dispute had already been resolved before the villagers, accused Ram Gopal, Ramcharan, Paras Ram, Harphool, Jagannath and Mahaveer made assault on Moti with lathies and axe. When the informant intervened he was also given beating. Hearing hue and cry when Sheonath and Jailal came, the accused fled away. Moti, in an unconsc

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