Bhagwati Prasad, J. - (1.) The present appeal is filed by the accused appellants who have been convicted by the Special judge, SC/ST (Prevention of Atrocities) Act cases, Merta and have been sentenced under Sections 302 read with Section 34 I.RC., 324 read with Section 34 I.P.C.and 323 read with Section 34 I.P.C. The sentences awarded to the accused appellants read as under- 1. Under Section 302/34 I.P.C. : Imprisonment for life and fine of Rs. 100/- and in default of payment of fine to further undergo 15 days simple imprisonment. 2. Under Section 324/34 I.P.C. : One year's rigorous imprisonment and fine of Rs. 50/- and in default of payment of fine to further undergo 7 days simple imprisonment. 3. Under Section 323/34 I.RC.: Six months rigorous imprisonment and fine of Rs. 50/- and in default of payment of fine to further undergo 7 days simple imprisonment.
(2.) The accused appellants being aggrieved by their conviction and sentences passed by the aforesaid court preferred this appeal.
(3.) The prosecution started against the accused persons on the basis of the information Ex.R 2 lodged by P.W. 1 Bhanwar Lal at Police Station, Degana on 13.1.1993 at 8 A.M. According to the written report, Bhanwar Lal P.W. 2 informed the Police that at about 6 RM. on 12.1.1993 while Thana Ram, his brother , had gone to take vegetables, he was assaulted by the accused persons. Accused Jora Ram had a knife, Mohan Ram had an axe and Durga Ram had a lathi. He saw the occurrence when he was going to take vegetables. P.W. 3 Adu Ram had also come at that time. They rescued the deceased Thana Ram. While they were taking Thana Ram to the house, he succumbed to his injuries on way. He could not arrange the conveyance soon after the incident, therefore, he is lodging the F.I.R. in the morning.;