1. The appellants have filed this appeal, challenging their conviction u/s 394 read with section 397 of the IPC and sentence of RI for 07 years and fine of Rs. 2,000/-, in default of payment of fine to undergo RI for three months, passed by learned Sessions Judge, Dewas in ST No. 65/ 2006 judgment dated 7.5.2007.

2. According to the prosecution case, on 8.3.2002 in the evening at 7:30 p.m. complainant Bherulal was preparing for cooking food in his hut situated in village Patlavada. At that moment appellants asked Bherulal for giving food to them, Bherulal served them food, thereafter appellants and acquitted co-accused Mangilal asked Bherulal about selling of gram crop and also directed him to stand up, thereafter Bharatsingh caught his mouth and Manoharsingh brought a lathi. He started beating him. Appellants also taken away Rs. 1,000/- from his pocket. Bherula1 was shifted for treatment to Government Hospital, Dewas. The Assistant Surgeon sent the written report (Ex P-9) to police station that injured was brought to the hospital assaulted by thieyes as disclosed by his companions. On the basis of this report, police reached in the hospital and started enquiry in