( 1. ) THIS is the appeal of the eight accused persons viz. Mannusingh, Abhaysingh, Jagdish Singh, Naharua//as Naharsingh, Khushal singh, Karan Singh, Indersingh and Nawal, who on their convictions under sections 147, 429 and 436 of the Indian Penal Code have each been sentenced to respective terms of imprisonment of one year, two years and eight years, with the direction for the concurrent running of these sentences.

( 2. ) VILLAGE Bihar of the district East Nimar comprises of a little over 100 houses, inhabited by Thakurs and also Bhils, belonging to aboriginal tribe. From mid-noon till later afternoon on 15-5-1982; about 41 houses and some thrashing grounds, all mostly of Bhils, were gutted with fire and were destroyed. In this village, not only the household effects and other sundry articles were destroyed but 34 cattle including 23 goats (grown-up as well as younger ones), one bullock and some calves were also roasted to death, and this apart, two bullocks and seven goats were sufficiently burnt and injured (P. W. 17 Dr. Chenana ). All such damage, consequent to the burning of the houses, household effects, grain and cattle was to the tune of about Rs. 1,13,458 00 (Rs. one lac, thirteen thousand, four hundred fifty eight), as assessed by the Police Investigation Agency, vide the detailed list ex. P-4.

( 3. ) THE case of the prosecution, in short, was that all the appellants-accused and one Salim alias Salirauddin, now absconding, just before the alleged incident, started hurling abuses at P. W. 1 Kachru Bhil and others, and then collected at the house of the accused Indersingh and after the firing of some pistol-shots by Salim and the throwing of hand-grenades from the house-top of Indersingh, all emerged from the said house armed with lethal weapons viz. fire-arms, ballam, pharsi etc. and also buckets filled with kerosene oil, and then started on their rampage, burning the houses of the bhils and others,-the first place burnt down was the mandap of P. W. 1 kachru and then the adjoined house of Dagdu; and then further, the houses of the rest of the respective persons, as detailed in the list Ex. P. 4.

( 4. ) THE appellants-accused Jagdish and Abhaysing were stated to be carrying in turn the buckets full of kerosene oil; and the absconding accused Salim, all along continued, setting fire to the houses, cattle sheds and thrashing grounds, with the help of rag covered wooden sticks (torches) doused with kerosene oil. Rest of the appellants accused, all the while, were brandishing their weapons and threatening the victims with usual filthy abuses, making the victims flee from the village to safer places. The police of P. S. Pipalod, in the meanwhile, was apprised of the incident. Consequently, the police arrived at the scene; and the fire-brigade extinguished the fire with the help of victims and their sympathisers. Some seizures of burnt and damaged articles were made on the spot Fired empty cartridges were also seized from certain places. One fire-arm with cartridges was later recovered and seized from the accused Abhaysingh. Damage was got assessed and the injured cattle were got treated; and after due investigation, all the appellants accused were put up for trial for commission of the very many offences including the ones, of which, they now stand convicted. All the appellants-accused abjured the guilt in the trial Court.

( 5. ) THE appellants-accused Jagdish and Indersingh pleaded alibi and claimed to be at Khandwa proper on the relevant date of the incident. The rest claimed to be falsely implicated. It was specifically contended by them that they were not responsible for the fire in the village. According to them, one Rajendra Singh Thakur, with his band of followers, comprised of Bhils had mobbed the house of Indersingh and hurled stones and brick-bats on the house, had opened fire-shots, had thrown hand-grenades and had finally set fire to the Payga (cattle-shed) of Indersingh, and then to the house of one Naw