Honble BANSAL, J.–The instant appeal is directed against the Judgment dated 24.3.2001 passed by the learned Additional Sessions Judge, Neem-Ka-Thana, District Sikar whereby accused appellants Mool Chand, Phool Chand, Munga Ram, Narayan and Shrawan Kumar have been convicted for the offences under Sections 304 Part-I/149 and 148 IPC and sentenced to suffer S.I. for seven years and a fine of Rs. 10,000/-, in default to further suffer S.I. for ten months and to suffer S.I. for one year and a fine of Rs. 1,000/-, in default to further suffer S.I. for one month each respectively.

(2). Both the substantive sentences were ordered to run concurrently.

(3). Briefly stated the prosecution case is that on 29.06.99 at about 11.00 p.m. accused appellants Mungaram, Moolchand, Narayan, Phoolchand and Shrawan assaulted Kailash S/o Geegaram, by caste- Saini, R/o-Dhani Bhatali, Village Chokdi and caused injuries on his person resulting in his death instantaneously. The incident is alleged to have taken place in the said Dhani in front of the house of Banwari S/o Dholuram and near the tree shown in Site Plan Ex.P2. Having caused the death of Kailash his dead body was put in the chowk (courtyard) of his

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