Gopal Krishan Vyas, J. - (1.)THE instant criminal appeal has bee filed by the appellant Daya Ram under Sec. 374 (2) of Cr.P.C., in which he has challenged the judgment dt. 20.12.1993 passed by Special Judge, SC/ST (Prevention of Attrocity cases), Pratapgarh District Chittorgarh in Special Sessions Case No. 68/93 whereby the accused appellant was convicted for offence under Sec. 3(1)(x) of SC/ST (Prevention of Attrocity cases) Act, 1989 (hereinafter referred to as the Act of 1989) and sentenced to six months RI along with fine of Rs. 100 and in default of payment of fine to further undergo three months simple imprisonment. As per facts of the case, upon complaint filed by one Bal Mukan @ Mukand Lal S/o Shambho Raidas at Police Station Rathajana District Chittorgarh, a case under Secs. 147, 149 and 302 I.P.C. read with Section 3(1)(x) of the Act of 1989 was registered against three person namely Daya Ram (appellant), Mst. Kari Bai and Mst. Keshi Bai. In the complaint, it is specifically alleged by the complainant that his wife Bali Bai went to the well of Deva Gayari at about 11.30 a.m. for drinking water. Daughters of Deva Gayari, Mst. Kari Bai, Keshi Bai and Daya Ram S/o Gulabchand, Samrath S/o Bhanwar, Bhoma S/o Bheru Meena and Bheru S/o Rama Meena were there and all above persons made allegation against Ball Bai that she stolen ornament 'hasli' and Kari Bai and all other persons assaulted her and ran away from the place of occurrence. A serious allegation was also levelled against his wife for committing theft and after above incident, Sarpanch Deep Singh and other persons came to his house but complainant was ill. The Sarpanch Daya Ram said that your wife has committed theft of ornament 'hasli' from neck of his sister's son and she is sitting on the well of Badri. Upon said information received by the complainant, he went to the place of occurrence where the body of his wife Bali Bai was lying and she was dead.
(2.)THE complainant lodged FIR, thereafter, investigation was conducted for the said incident and after investigation ultimately challan was filed against three persons namely Daya Ram (appellant), Mst. Kari Bai and Mst. Kesi Bai for committing offence under Secs. 147 -302 and 149 I.P.C. and Section 3(1)(x) of the Act of 1989.
After filing challan in the Court of A.M.J.M., Pratapgarh, the concerned Magistrate committed the case to the Sessions Court from where the case was transferred to the Court of Special Judge; SC/ST (Prevention of Attorcities Cases) Pratapgarh, District Chittorgarh for trial.

(3.)IN the trial, as many as 14 witnesses were examined from the prosecution side and after recording evidence of prosecution, statement of all the accused under Sec. 313 Cr.P.C. were recorded and no oral evidence is produced by the accused in defence. The trial Court finally heard the case and acquitted all the three accused persons for offence under Sec. 147 -302 read with Section 149 I.P.C. and from offence under Sec. 3(ii)(v) of the Act of 1989 but the present appellant Daya Ram was convicted for offence under Sec. 3(1)(x) of the Act of 1989 vide impugned judgment and sentence aforesaid was passed.