JUDGMENT 1. - This appeal has been filed by Cholia and 44 other accused-appellants who have been convicted by the learned Additional Sessions Judge, Sirohi vide his judgment dated 18.5.1971, as follows. 2. Accused-appellants Cholia, Bhanwarsingh, Sawaisingh and Navia son of Chopa were found guilty for offences under section 302 read with section 34, sections 430, 440 and 323 Indian Penal Code. Cholia was further found guilty for an offence under section 148 while Bhanwar Singh, Sawai Singh and Navia son of Chopa were conviced for an offence under Section 147 Indian Penal Code. The remaining 41 accused-appellants Bherusingh, Chimna, Narsa, Narsa s/o Rupa, Kalia, Dalia, Navia s/o Galta, Budhia, Tekia, Anna, Tejia, Chatra, Virma, Hitka, Kikla, Pania, Gamna, Punia, Vigta, Velaram Gomaram, Kesa, Bhima, Hukia, Rupa, Daula, Chuna, Darjia, Kania, Talia, Jodna, Nema, Mulia, Sarupa, Vela, Jasa, Hindu, Hakia, Gena, Dhania and Chatra were found guilty under sections 430 and 147 Indian Penal Code and sentenced to one year's rigorous imprisonment under the first count and one and a half year's rigorous imprisonment under the second count. The learned Judge awarded life imprisonment to Cholia, Bhanwar Singh, Sawai Singh and Navia son of Chopa under section 302/34 Indian Penal Code and various other terms of imprisonment under other offences. 3. The prosecution story, as revealed by the eye witnesses at the trial, is as follows : Achla, who was the Guru of the Meghwals was living in village Juna. His three sons, namely, Belaram (P.W.1) Lachha P W.6) and Chhoga (P.W. 7) were living separately in a different house while Mangilal, the youngest son of Achla, used to live with his father in the ancestral house. This family used to draw water for drinking purposes from the village well. It is said that the villagers with their co-operative efforts constructed a tank on that well and provided separate taps to different communities of the village but that facility was denied to Achla as the suggestion comes from the defence he refused to make contribution for the construction of the tank. This incident created rivalry between Achla and his family on the one hand and the entire village on the other. Achla out of that rivalry started digging a well just in front of his ancestral house. This incident created rivalry between Achla and his family on the one hand and the entire village on the other. Achla out of that rivalry started digging a well just in front of his ancestral house. This action of Achla gave rise to resentment to the villagers as they did not want a well to be constructed in the Abadi land. Actions were taken by the villagers in village panchayat and also in the court of the Sub Divisional Magistrate to get the construction of the well stopped. It is said that a prohibitory order was issued by the Sub-Divisional Magistrate, Bali to stop further construction of the well, but, according to to the prosecution case, Achla did not pay any heed to the court's order. 4. In the year 1969 on the occasion of the Holi festival Lachha went to perform the 'dhundh' ceremony of his son at the place where the Holi was burnt and at that time it is said that Chamna in the presence of the villagers held out threats to Lachha and his brothers that the sons of Guru family will not be allowed to get the 'dhundh ceremony performed as the Holi is burnt by Meghwals, Rajputs and other communities. After some time at about midnight is is alleged that Achla went to the house of his sons Belaram Lachha and Chhoga and told them that the villagers had assembled at his family well to destroy it by pouring dust and stones therein. On receiving this news Belaram (P.W. 1), Lachha (P.W. 6) and Chhoga (P.W. 7) immediately started for the place where the mischief was being committed by the villagers. It is said that Lachha's daughter Sayari also accompanied them. According to the prosecution case, when Achla with his three sons reached the well ten persons, namely Cholia, Bhanwar Singh, Sawai Singh, Navia son of Chopa, Bheru Singh, Chimna Mina, Narsa son of Barka, Dalia Mina, Kalia Mina, Navia Meghwal and Navia son of Galla attacked Achla and dealt Jathi blows on his person. Achla as a result of the injuries sustained by him fell down just near the stairs of his house. Thereafter, the prosecution story further reveals that Cholia snatched the axe from somebody's hand and dealt axe blows on the head and face of Achla. Achla as a result of the injuries sustained by him fell down just near the stairs of his house. Thereafter, the prosecution story further reveals that Cholia snatched the axe from somebody's hand and dealt axe blows on the head and face of Achla. It is further said that thereafter Bhanwar Singh snatched that axe from the hand of Cholia and he also beat Achla with that axe. When this beating was being given to Achla, his wife Mst. Hanja, came out of her house with her youngest son Mangilal (P.W. 5). The sons of Achla tried to intervene to save their father but it is said that they could not succeed and Belaram (P.W. 1), Lachha (P.W. 6), Sayari (P.W. 2 and Mst. Hanja, who has not been examined as a witness, also sustained injuries. Apprehending grave consequences, the family members of Achla went inside their house and closed the door from inside. According to the prosecution case, Achla died on the spot and thereafter all the aforementioned ten persons dragged him to the well and dropped him therein. Then the party of the villagers left the place. 5. Belaram (P.W. 1) then drew up the first information report(Ex.P.1) and went along with his brothers Lachha and Chhoga to Desuri to get the case registered against the mischief-mongers and the assailants of his father. The report was lodged at the Police Station, Desuri at 5.00 a.m. The police immediately rushed to the spot and got the dead body of Achla taken out from the well. Inquest report (Ex P 2)was then prepared by the investigating officer and a site plan was also prepared at the instance of Belaram (P.W. 1) Dr. A.C. Mehta (P.W. 8) was summoned to the spot by the investigating officer. Post mortem examination of the dead body of Achla was conducted by Dr. Mehta at 12.15 p.m. and he noticed the following 16 injuries on the dead body of Achla: 1. Incised wound 2" x 1/4" x bone deep vertically on the right parietal region of the skull. 2. Incised wound 1" x 1/4" x bone deep over the right side of forehead. 3. Lacerated wound 1" x 3/4" x bone deep over the upper part of right cheek. 4. Incised wound 5" x 1/2" x bone deep obliquely over the lower part of the right cheek crossing the lower part of nose completely. 5. 2. Incised wound 1" x 1/4" x bone deep over the right side of forehead. 3. Lacerated wound 1" x 3/4" x bone deep over the upper part of right cheek. 4. Incised wound 5" x 1/2" x bone deep obliquely over the lower part of the right cheek crossing the lower part of nose completely. 5. Lacerated wound 1/1/2" x 1/2" over the right parietal region of the scalp 1/2" above the injury No.1. 6. Lacerated wound 1" x 1/4" x muscle deep over the left parietal region of the scalp. 7. Bruise 2" x 1" over the anterior aspect of left shoulder joint. 8. Abrasion 1/2" x 1/4" near the lateral aspect of the lower ⅓rd part of the left forearm. 9. Bruise 1/1/4" x over the lateral aspect of upper ⅓rd of the left forearm. 10. Abrasion 1/2" x 1/4" over the left knee joint. 11. Abrasion 1/2" x 1/4" over the anterior aspect of the upper ⅓rd of the left leg. 12. Abrasion 1" x 1/2" over the upper part of the right knee cap. 13. Abrasion 1" x 1/2" over the lower part of the right knee cap. 14. Abrasion 1" x 1/2" over the dorsal aspect of right hand. 15. Bruise 2/1/2" x 2" over the body of the left scapular region. 16. Bruise 3" x 2" over the body of left scapular region in the lower part. Except injuries Nos. 1, 2 and 4, which were caused by sharp edged weapon, all other injuries in the opinion of the doctor were caused by blunt object. Injury No. 4 was, however, found to be grievous while rest of the injuries were simple. In the opinion of the doctor, Achla died of syncope due to shock and haemorrhage as a result of multiple injuries inflicted over his body. He also stated that all these injuries were sufficient in the ordinary course of nature to cause the death of Achla. All the injuries noticed by the doctor were ante-mortem. 6. Next day, that is, on 5th of March, 1969, the same doctor examined P.W. 1 Belaram, P.W.2 Mst. Sayari, Mst. Hanja and P.W.6 Lachha. The doctor found three bruises on the person of Belaram, two abrasions and one bruise on the person of Lachha, two bruises on the person of Mst. Hanja and one bruise on the person of Mst. Sayri. Sayari, Mst. Hanja and P.W.6 Lachha. The doctor found three bruises on the person of Belaram, two abrasions and one bruise on the person of Lachha, two bruises on the person of Mst. Hanja and one bruise on the person of Mst. Sayri. All these injuries were simple in nature. 7. After investigation, a challan was put up against 45 persons in the court of the Munsif-Magistrate, Desuri who, after taking committal proceedings, sent every one of them to the court of Session to stand their trial for sections 302 read with section 149 and also for offences under sections 147, 148, 430, 440 and 323 Indian Penal Code. 8. Since the entire village was opposed to the digging of a well by Achla in the Abadi land, the prosecution could not procure any independent witnesses from the village and had to place reliance on the testimony of Belaram (PW 1), Lachha (PW 6), Chhoga (PW 7), Mangilal (PW 5) and Mst. Sayari (PW 2), sons and grand-daughter of Achla. The learned Judge, after going deep into the statements of these eye witnesses, found that only four persons namely, Cholia, Bhanwar Singh, Sawai Singh and Navia son of Chopa could be held guilty by applying the provisions of section 34 of the Indian Penal Code for the murder of Achla. He, therefore, convicted these four persons for the offence under section 302/34 Indian Penal Code and sentenced each of them to life imprisonment. Apart from the conviction for the murder of Achla, they were also convicted for offences under section 430, 440, 323, 147 and 148 Indian Penal Code. The other 41 accused-appellants were, however, acquitted of the charges under sections 302/149, 440 and 323 but they were convicted for offences under sections 430 and 147 Indian Penal Code and each one of them was sentenced to one year's rigorous imprisonment under the first count and one and half year's rigorous imprisonment under the second count. All these 45 accused persons have preferred appeal against the said judgement of the learned Additional Sessions Judge. 9. Mr. All these 45 accused persons have preferred appeal against the said judgement of the learned Additional Sessions Judge. 9. Mr. Magh Raj Bhansali, appearing on behalf of the appellants, has assailed this judgement on the ground that the eye witnesses are not worthy of reliance as they have changed the story as disclosed in the first information report & therefore, he contended that on the basis of such unreliable testimony conviction under section 302 read with section 4 Indian Penal Code cannot be maintained. He also argued that the application of section 34 under the circumstances of this case is uncalled for. According to him, no common intention can be imputed to the four appellants to cause the death of Achla. Even if it is held that Achla died of the injuries sustained by him at the hands of these four persons, then, according to him, each accused can be convicted for his individual action end no vicarious ability can be fastened on them for the act of others. As regards the 41 appellants, who have been convicted under sections 430 and 147 Indian Penal Code, it was vehemently urged by Mr. Bhansali that except that their names have been mentioned by Belaram (PW 1) while lodging the first information report (Ex. P.1) and that they were identified at the trial, no overt act is assigned to them during the entire episode alleged to have taken place at the well of Achla and, therefore, on the basis of such feeble evidence conviction of 41 persons should not be upheld by this Court. 10. It is an admitted fact that the relations of the family of Achla with the villagers of Juna were strained & that litigation was going on between Achla on the one side and the villagers on the other, on account of the construction of a well on the Abadi land. This circumstance that the village was a faction-ridden village puts the Court to scrutinise the testimony of the witness who belong to the family of the deceased to a greater degree of caution and unless active participation is alleged against the accused persons in this episode, it will not be safe to record conviction of the accused persons merely because their names first place in the first information report & that they were identified at the trial by the eye witnesses. 11. 11. The main allegation against the assembly of 45 persons was that they had collected at the well of Achla to fill it up but except ten persons, who have been named by Belaram (PW 1) as the assailants of Achla, no overt act is assigned to any other accused person. It is in the evidence of Belaram, Lachha and Chhoga that the rest of the persons who had not participated in the assault of Achla were not armed, nor it is the case of the prosecution that they had brought such implements with them which could help them in destroying the well dug by Achla. Learned counsel appearing on behalf of the State could not point out any material which may go to corroborate the mere oral testimoney of the eye witnesses to show that they were engaged in the act of filling the well dug by Achla. There is an omnibus accusation against these 41 persons who have been convicted under sections 430 and 147 Indian Penal Code that they were throwing dust and stones in the well. If these persons had assembled to destroy the well by filling it up by dust and stores, then we could expect that they would have come to the spot with some such implements which could have helped them to fulfil their mission. There is nothing on the record to show that there were any implements present on the spot which could be used by this assembly of 45 persons to dig out the sand and throw it in the well. In these circumstances, we do not find it safe, to endorse the finding of the trial court convicting the 41 persons for offences under section 430 and 147 Indian Penal Code. 12. It is in the evidence of Belaram (PW 1) and Lachha (PW 6) that besides these 45 persons there were 25 more persons who had come to the spot, but they could not name a single one out of those 25 person. This fact shows that besides the accused persons there were spectators also who had come to the spot of occurrence only as mere spectators. Mere presence of a person on the place of occurrence, therefore, would not involve him in constituting an unlawful assembly unless some overt act has been ascribed and proved by the prosecution against those who had assembled at the well of Achla. Mere presence of a person on the place of occurrence, therefore, would not involve him in constituting an unlawful assembly unless some overt act has been ascribed and proved by the prosecution against those who had assembled at the well of Achla. 13. The Supreme Court in Baladin & others v. State of Uttar Pradesh, AIR 1956 SC 181 has laid down: "It is well settled that mere presence in an assembly does not make such a person a member of an unlawful assembly unless it is shown that he had done something or omitted to do something which would make him a member of an unlawful assembly, or unless the case falls under section 142, Indian Penal Code". 14. Their Lordships further observed: "If members of the family of the appellants and other residents of the village assembled, all such persons could not be condemned 'ipso facto' as being members of that unlawful assembly. It is necessary, therefore, for the prosecution to lead evidence pointing to the conclusion that all the appellants had done or been committing some overt act in prosecution of the common object of the unlawful assembly." 15. Mere omnibus accusation that everybody was present and was throwing stones and dust in the well cannot be accepted, especially when there is an established enmity between the witnesses and the accused persons. In the instant case, all the eye witness have identified the accused persons in the dock and have stated that they were throwing stones and dust in the well. If the common object of the assembly was to fill the well with dust, then they could not have fulfilled their mission unless the dust was thrown in bulk. By throwing a few stones or dust with hands the common object of filling the well cannot be accomplished and, therefore, it was the duty of the prosecution in order to secure conviction for the members of the unlawful assembly to prove as to how they were behaving in order to accomplish the object which was said to be common with all of them who had collected at the scene of occurrence. In this view of the matter, we are left with no alternative but to acquit the 41 accused persons, namely, Bheru Singh, Chimna, Narsa, Narsa son of Rupa, Kalia, Dalla, Navia son of Galla, Budhia, Tekia, Anna, Tejia, Chatra, Virma, Hirka, Kikla, Pania, Gamna, Punia, Vagta, Velaram, Gomaram, Kesa, Bhima, Vela, Jasa, Hindu, Hakia, Gena, Dhania and Chatra of the charges under section 430 and 147 Indian Penal Code as their mere presence on the scene of occurrence cannot make them members of on unlawful assembly. 16. Belaram (PW 1) in his statement before the trial court named ten persons who took part in dealing lathi blows and Kulhari blows to Achla. Lachha (PW 6) reduced the number of the actual participants to eight while Chhoga (PW 7) named nine persons. The Learned trial Judge after carefully scrutinising the testimony of the eye witness came to the conclusion that it is only Cholia, Sawaisingh, Bhanwarsingh and Navia who indulged in the act of beating deceased Achla and, therefore, he did not think it proper to convict the other persons, about whom the eye witnesses had deposed that they had actually beaten Achla, under section 302 read with section 34 Indian Penal Code. We are, therefore, now required only to examine the case of Cholia, Sawaisingh, Bhanwarsingh and Navia son of Chopa and see whether they have been rightly convicted for an offence of murder by taking resort to the provisions of Section 34 Indian Penal Code. 17. Belaram (PW 1) while giving the details about the incident has deposed that when his father Achla was returning to the well after calling Belaram, Lachha and Chhoga from their house, ten persons, namely, Cholia, Sawaisingh, Bhanwarsingh, Bherusingh, Chimna Mina, Narsa son of Bhika, Balia, Mina, Kalia Mina, Navia Meghwal and Navia son of Chopa attacked Achla and started beating him with lathis and axe. The injuries sustained by Achla from axe are attributed by this witness to Cholia and Bhanwarsingh and for the rest of the persons, it was deposed by him that they used lathis in dealing blows on the person of Achla. The injuries sustained by Achla from axe are attributed by this witness to Cholia and Bhanwarsingh and for the rest of the persons, it was deposed by him that they used lathis in dealing blows on the person of Achla. Lachha (PW 6) and Chhoga (PW 7) have also stated that Cholia and Bhanwarsingh used axe while causing injuries on the person of Achla but when these people were cross-examined with reference to their previous statement recorded under section 161 Criminal Procedure Code, they could not explain the discrepancy between these two statements. Those witnesses did not mention at the initial stage when they were examined by the investigating officer that Bhanwarsingh also dealt axe blows on Achla and, therefore, the learned Judge rejected their testimony to the extent to which the liability of axe blows was tried to be fixed on Bhanwarsingh. However, there is unanimity in the depositions of the eye witnesses on this point that Cholia used axe while giving beating to Achla. 18. It is clear from the statements of the eye witnesses that Cholia was not armed with axe at the time when the attack was opened by the assailants on Achla. It is said that Cholia snatched the axe from the hand of somebody from that assembly and used that weapon to inflict blows on Achala. This fact shows that Cholia did not come to the spot of occurrence with a view to inflict blows on Achla by deadly weapon. It was at the spur of the moment that he caught hold of an axe and used it in causing injuries on Achla. For other assailants, the eye witnesses are unanimous that they used lathis. It is only about Navia son of Chopa that there is some discrepancy in the statements of Belaram (PW 1) and Mst. Sayari (PW 2) on the one had and Lachha (PW 6) and Chhoga (PW 7) on the other. Both Belaram and Mst. Sayari state that Navia son of Chopa had dealt lathi blows on the person of Achla. Lachha (PW 6), however at the trial does not name Navia son of Chopa among those eight persons who are named by him as the assailant of Achla. Similarly, Chhoga (PW 7) also does not specifically mention the name of Navia son of Chopa as one of the assailants of Achla. Lachha (PW 6), however at the trial does not name Navia son of Chopa among those eight persons who are named by him as the assailant of Achla. Similarly, Chhoga (PW 7) also does not specifically mention the name of Navia son of Chopa as one of the assailants of Achla. The case of Navia, therefore, becomes doubtful so far as giving lathi blows to Achla is concerned. As regards Bhanwarsingh and Sawaisingh all the four eye witnesses are unanimous that they participated in the act of beating Achla with lathi. From this discussion, we are of opinion that Cholia, Sawaisingh and Bhanwarsigh cannot escape the liability for inflicting blows on the person of Achla. 19. This brings us to an important question whether accused persons Cholia, Sawai Singh and Bhanwar Singh can be held vicariously liable by attracting the provisions of section 34 Indian Penal Code for the acts committed by these three accused appellants. Section 34 Indian Penal Code lays down that when a criminal act is done by several persons, in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone. The question, therefore, arises whether the beating was given to Achla by these appellants in furtherance of the common intention or that the assailants stated beating Achla on the spur of the moment because of certain developments that had taken place at the scene of occurrence. 20. In order to decide whether there was any common intention between these three appellants to give beating to Achla, we shall have to carefully scrutinise the story of the prosecution as has been revealed by the eye witnesses. At the trial the prosecution case is that as soon as Achla and his three sons Belaram, Lachha and Chhoga arrived at the scene of occurrence along with Sayari (PW 2), the accused party began to beat Achla with lathis and axe, but this story of the prosecution is at variance with initial version of the incident disclosed by Belaram and others. In their statements before the police under section 161 and also in their statements under section 164 Criminal Procedure Code the story as divulged by these witnesses was that assembly of about 60 to 80 persons was busy in pouring earth and stones in the well, when Achla came with his four sons to the scene of occurrence Mst. Hanja along with her son Mangilal came out of her house, and she started abusing the miscreants. There upon some of the members of the assembly tried to assault her and it was at this stage that Achla intervened to rescue his wife and he pushed Cholia who out of fury snactched an axe from the hand of some one standing nearby and began to beat Achla with that axe. It was further revealed that the other assailants started beating Achla with lathis at that stage. The eye witnesses could not explain this variance in their depositions at different stages and, therefore, this Court is left in the dark to decide as to at what stage and in what circumstances the beating actually started.It is true that Cholia dealt axe blows on the person of Achla and the other two assailants, namely, Bhanwar Singh and Sawai Singh used their lathis to inflict injuries on Achla, but can it be said that these three persons acted in furtherance of the common intention. In light of the depositions of the eye witnesses, it is difficult for this Court to draw an inference of any common intention between Achla sustained as many as 16 injuries but except injury No. 4 no injury is a grievous injury. In view of the nature of the injuries received by Achla at the hands of his assailants it is not possible for the Court to infer that the injuries were inflicted by his assailants to assassinate him. Nor could there be any common intention to inflict grievous injury on the body of Achla. Therefore, in these circumstances every assailant can be convicted for his individual act and not for the act of other persons because we can not in the circumstances of this case envisage any pre-arranged plan or meeting of the minds of the assailants either to cause his death or to cause grievous injury. Therefore, in these circumstances every assailant can be convicted for his individual act and not for the act of other persons because we can not in the circumstances of this case envisage any pre-arranged plan or meeting of the minds of the assailants either to cause his death or to cause grievous injury. The application of section 34 Indian Penal Code is, therefore, totally ruled out as the act of beating cannot be said to have been done in furtherance of the common intention. 21. It has been established beyond all reasonable doubt by the prosecution that Cholia was the author of the grievous injury sustained by Achla from the axe blow dealt by Cholia on his person. Cholia, therefore, is guilty of an offence under section 326 Indian Penal Code. Bhanwarsingh and Sawaisingh, who dealt Lathi blows on the persons of deceased Achla are held guilty for the offence under section 323 Indian Penal Code for causing simple injuries by lathis on Achla. 22. The body of Achla was found by the investigating officer in the well and it is stated by the eye witnesses that after Achla fell down and died on the spot he was thrown by his assailants in the well. It is no doubt true that the dead body was recovered by the investigating officer from the well but it is difficult for us to believe this story of the prosecution that the dead body of Achla was thrown by the assailants, including Cholia. Bhanwarsingh and Sawaisingh because the injuries which were noticed by the doctor do not suggest that the body was thrown in the well. If really the dead body had been dragged to the well and thrown therein as deposed by the eye witnesses then there must have been some signs of dragging on the body and it must have sustained ante-mortem injuries because it is the case of the prosecution that Achla was thrown in the well after he died at the spot where beating was given to him. The testimony of the eye witnesses on this point cannot be given any credence as all the eye witnesses have stated that after the assailants had started beating Achla, they went in the house and closed the door from inside. The testimony of the eye witnesses on this point cannot be given any credence as all the eye witnesses have stated that after the assailants had started beating Achla, they went in the house and closed the door from inside. Persons who had hidden themselves in the house where there was no opening to see as to what was going on outside the house it is difficult for them to depose as to what actually happened after they had closed themselves within the house and, therefore, we find it difficult to accept this part of the prosecution story. Mr. Bhansali is correct in his submission that it is not for the accused party to show as to how the body of Achla was recovered from the well. It is for the prosecution to prove beyond all reasonable doubt as to how Achla's body was ultimately recovered from the well. 23. Cholia Bhanwarsingh, Sawaisingh & Navia son of Chopa have also been convicted by the trial court for offences under section 430 and 440 Indian Penal Code, but there is no satisfactory evidence against these accused persons that they were indulged in committing mischief by throwing earth and stones in the well. Mere omnibus accusation against these appellants cannot hold them liable for the said offences. Therefore, we find it difficult to sustain conviction for the offences under sections 430 and 440 Indian Penal Code. 24. Cholia is, however, convicted under section 148 while Bhanwarsingh, Sawaisingh and Navia son of Chopa have been convicted for an offence under section 147 Indian Penal Code. The case of Navia has already been discussed by us and we have held that his presence at the spot was doubtful. His conviction, therefore, under section 147 Indian Penal Code cannot be sustained. However, it is clear from the evidence that more than five persons had assembled at the well of Achla and a few of the members of that assembly indulged in an unlawful act and, therefore, they cannot escape their liability under section 140 Indian Penal Code. In these circumstances, conviction of Bhanwarsingh and Sawaisingh under section 147 and that of Cholia under section 148 Indian Penal Code cannot be disturbed. 25. In these circumstances, conviction of Bhanwarsingh and Sawaisingh under section 147 and that of Cholia under section 148 Indian Penal Code cannot be disturbed. 25. The result is that Cholia, Bhanwarsingh, Sawaisiangh and Navia son of Chopa are acquitted of the charges under sections 302 read with section 34, 430 and 440 Indian Penal Code and the sentences awarded to them for these offences are quashed. Cholia is, however, convicted under sections 326 and Indian Penal Code. Two years rigorous imprisonment awarded to him under section 148 is upheld. He is also sentenced to five years rigorous imprisonment for the offence under section 326 Indian Penal Code. These sentences shall run Section 147 Indian Penal Code by the trial court is upheld. The conviction of Bhanwarsingh and Sawaisingh under Section 323 Indian Penal Code and the sentence of six months rigorous imprisonment for that offence is also maintained. 26. Bhanwarsingh, Sawaisingh & Navia son of Chopa are in jail since 1971. They shall be released forthwith if they are not required in any other case as Bhanwarsingh and Sawaisiangh have already served out their sentences under sections 147 and 323 Indian Penal Code and Navia son of Chopa has been acquitted of all the charges levelled against him. The 41 accused appellants Bherusingh, Chimna, Narsa, Narsa son of Rupa, Kalia, Dalia, Navia son of Galla, Budhia Tekia, Anna, Tejia, Chatra, Virma, Hirka, Kikla, Pania, Gamna, Punia, Vagta, Velaram, Gomaram Kesa, Bhima, Hukia, Rupa, Daula, Chuna, Darjia, Kania, Talia, Jodha, Nema, Mulia, Sarupa, Vela, Jasa, Hindu, Hakia; Gena, Dhania and Chatra are acquitted of all the charges levelled against them and the sentences awarded to them are set aside. 27. The appeal of the appellants is accordingly disposed of. *******