Chinnappa Reddy, J. - (1.) There are thirteen appellants before us in this appeal by special leave. They were convicted by the learned Second Additional Sessions Judge, Dhar, of offences under Sections 148, 458, 323 read with Section 34 and Section 436 read with Section 34 Indian Penal Code and sentenced to suffer various terms of imprisonment ranging from six months to four years. An appeal preferred by the accused was dismissed by the High Court in a laconic and if we may say so, a perfunctory judgment without discussing the evidence except making one or two general observations.
(2.) The case of the prosecution was that on November 10, 1970, at about 8 p. m. Gita Bai (P. W. 1), wife of Ganga Ram, her two children, Janibai (P. W. 6), wife of Badri, brother of Gangaram, her two children Gangaram's brother Brijlal (P. W. 3), his wife Suhagbai and their children were in the house of Gangaram. Gangaram himself was not at home nor was Badri. Gita, Janibai and their children were in the ground floor while Brijlal, his wife and children were on the first floor. At about 8 p. m. the thirteen accused persons, one of whom is another brother of Gangaram broke open the front door of the house, entered the house and inflicted some injuries on Gita and Janibai. Gita, Janibai and their children came out of the house. Brijlal, Suhagbai and their children also escaped from the house. The accused persons then spread hay in the house and sprinkled kerosene oil and set fire to the house. The house was burnt to ashes. Gita and Janibai went to the village Bidwal, and spent the night there as Gangaram was in that village. Brijlal who had sought shelter in the house of another brother Panna Lal who lived next door to Gangaram's house was asked by that brother to seek shelter elsewhere as there was every chance of the accused persons attacking his house also if they came to know that Brijlal was hiding there. So Brijlal also went to Bidwal. Next morning Gita, Janibai and Brijlal proceeded to the Police Station Kanwan and gave a report to the Head Constable who was in charge of the Station at about 11.30 a. m. In this report though ten to fifteen persons were alleged to have entered the house, broke open the door and set fire to the house, the names of only Al, A2, A3, A4, A10 and All were mentioned, Gita and Janibai were sent to the Hospital for treatment and it was found that each of them had a couple of simple injuries. The Sub-Inspector of Police, P. W. 7. who was on tour, returned to Kanwan and took over the- investigation on November 12, 1970. He proceeded to Kod village, to the scene of occurrence, prepared a panchnama and thereafter recorded the statements of the witnesses. On completion of investigation the appellants were tried and convicted and sentenced as mentioned at the outset.
(3.) Shri A. N. Mulla, learned counsel for the appellants argued that the evidence of P. Ws. 1, 2 and 6 should not be accepted as their cross-examination showed that they had prevaricated on several points. He urged that the fire was due to an accident which was the result of the combustion of some explosive material which was kept in the house of Gangaram. He relied on the evidence of D.Ws. 1 to 3 in support of his argument that an incident in which the thirteen accused persons participated did not take place that night. He also submitted that the accused were prejudiced by the failure of the prosecution to furnish copies of the statements recorded by the Police, on the 11th immediately after the First Information Report was given. In any case it was submitted that the seven persons whose names were not mentioned in the First Information Report were entitled to an acquittal.;