SANGEET LODHA,J. - (1.) This appeal is directed against judgment dated 1.5.07 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Jodhpur in Sessions Case No.97/05, whereby the accused appellants have been convicted and sentenced as under : Bhanwar Singh, Jaswant Singh & Sawai Singh Section 302 / 34 I.P.C. Imprisonment for life and a fine of Rs.3000/-; in default of payment of fine to further undergo two years' simple imprisonment. Gayad Singh Section 302 / 34 I.P.C. Imprisonment for life and a fine of Rs.3000/-; in default of payment of fine to further undergo two years' simple imprisonment. Section 4/25 of Arms Act One year's simple imprisonment and a fine of Rs.500/-; in default of payment of fine to further undergo 15 days' simple imprisonment. All the sentences have been directed to run concurrently.
(2.) The prosecution story as unfolded during the trial may be summarized thus: Mag Singh s/o Guman Singh, resident of Bidadnagar(Tena) was engaged for the job of digging of nadi under Famine Relief Work. On 23.5.05, Mag Singh accompanied by Gulab Singh S/o Mool Singh was going to attend his duties. On the way, Mool Singh S/o Dhan Singh also joined him. When they hardly covered the distance of 200-300 steps from Mool Singh Ki Dhhani, Bhanwar Singh, Gayad Singh, Jaswant Singh and Sawai Singh, all sons of Padam Singh, who were sitting hided in Kan Singh's Kheda, armed with Lathis and Dharia obstructed the way of Mag Singh and with intention to kill started beating him with Lathis and Dharia. They warned Mool Singh and Gulab Singh that they should remain away from Mag Singh, else they would also be killed. After beating, all the four persons fled away from the place. On account of injuries suffered, Mag Singh fell down on the spot. Mool Singh and Gulab Singh informed Khiv Singh about the incident occurred, who rushed to the place of occurrence and found his brother Mag Singh lying unconscious. On account of injuries suffered on head, hands and back, the blood was oozing out of his body. Khiv Singh accompanied by Mool Singh, Roop Singh s/o Bagatavar Singh, Bheru Singh s/o Chutar Singh put the injured-Mag Singh in a camel cart and proceeded to hospital at Shergarh, however, Mag Singh expired on the way just before 2 kms from Shergarh. Deceased Mag Singh in the same camel cart was taken to police station, Shergarh and a written report (Ex.P2) was submitted to the SHO, Police Station, Shergarh.
(3.) On the basis of the written report (Ex.P2), the police registered an FIR (Ex.P3) for offence under Section 302 / 34 IPC and investigation commenced.;