Rajeev Misra, J.

1. These appeals arise out of an occurrence which the prosecution describes to be a deliberate act of murderous assault, whereas the defence calls it an accidental fire resulting in the death of Roomal Singh and his three Buffaloes. All the appellants have been convicted and sentenced to undergo punishment for the murder of Roomal Singh giving rise to these appeals.

2. Criminal Appeal No. 7296 of 2010 has been filed by Om Pal Singh along with Ravindra Kumar and Arun Kumar @ Kanhaiya. Criminal Appeal No. 7454 of 2010 has been filed by Akbar whereas, Criminal Appeal No. 7701 of 2010 has been filed by Bhagat. All the aforesaid criminal appeals arise out of a common judgement and order dated 26.10.2010, passed by the Additional Sessions Judge/Special Judge, SC/ST Act, Meerut in S.T. No. 50 of 2003 (State Vs. Om Pal Singh and 4 Others) arising out of Case Crime No. 61/332/99 under sections 147, 148, 149, 302, 429, 436 I.P.C. and section 3 (1) (10) SC/ST Act, Police Station Incholi, District Meerut, as such they have been clubbed and have been heard together.

3. The Trial Court convicted all the accused-appellants under section 436 IPC. Bhagat and Akbar two of the accused-appellants were convicted under section 148, 302/149, 429 IPC and 3(1)(10) and 3 (2)(5) of the SC/ST Act. Similarly, the accused-appellants Om Pal and Ravindra have been convicted under section 148, 302/149 and 429 IPC. The accused-appellants Arun Kumar @ Kanhaiya has been convicted under section 147, 302/149, 429 IPC and Section 3 (1)(10) and 3(2)(5) SC/ST Act. On the question of sentence, the accused-appellant Arun Kumar @ Kanhaiya has been awarded one year rigorous imprisonment under section 147 IPC. The accused-appellant Bhagat, Akbar, Om Pal and Ravindra Kumar have been awarded two years rigorous imprisonment under section 148 IPC. The accused-appellants Arun Kumar @ Kanhaiya, Bhagat, Akbar, Om Pal Singh and Ravindra Kumar have been awarded life imprisonment under section 302/149 IPC with fine of Rs. 10,000/- each. Upon failure to deposit the fine, they were further directed to undergo rigorous imprisonment for one year. The accused-appellants were awarded rigorous imprisonment of five years along with fine of Rs. 5,000/- each, under section 436 IPC. In case of default, regarding the payment of fine, all the accused-appellants were to undergo additional six months of rigorous imprisonment. Apart from the above, accused-appellants Bhagat, Akbar and Arun Kumar @ Kanhaiya were awarded six months rigorous imprisonment along with fine of Rs. 2,000/- each, under section 3(1)(10) SC/ST Act. In case of default, regarding the payment of fine, all the accused-appellants were to undergo one month additional imprisonment. The Court below further sentenced all the accused persons for life imprisonment along with fine of Rs. 10,000/- each under section 3(2)(5) SC/ST Act. Upon failure to deposit the amount of fine, all the accused appellants were to undergo one year of additional imprisonment. All the sentences were to run concurrently.

4. We have heard Mr. Dileep Kumar, Mr. Rajrshi Gupta, the learned Amicus Curiae, Mr. Avinash Kumar Srivastava and Mr. Anil Kumar Shukla for the appellants, Mr. Sagir Ahmad, learned A.G.A. along with Mr. Rishi Chaddha, A.G.A. who have appeared for the State and Mr. Adesh Kumar and Mr. Pankaj Kumar Tyagi, learned counsel for the complainant.

5. Adverting to the facts of the present case, the unfortunate fatal incident occurred at the midnight hour of 2/3.12.1999 at village Dedua, District Meerut which was a cold and chilly winter night. It is alleged that Raj Kumar S/o Roomal Singh upon hearing cries and loud shouts came out of his house by which time various other residents of the village including Naipal S/o Nanua, Rampal S/o Kuri Ram, Madan S/o Tej Pal, Ram Phal S/o Baljor and Ganga S/o Ram Swaroop had also arrive