- (1.) Leave granted.
(2.) Appellants call in question legality of impugned judgment rendered by the Madhya Pradesh High Court at Jabalpur, whereby it upheld the conviction and sentence awarded by the Additional Sessions Judge, Jashpurnagar.
(3.) Prosecution version which led to the trial of the appellants (hereinafter referred to as 'the accused' by their respective names) is as follows : On 29-11-86 information was lodged by Jhanguram (PW-2) that six persons had assaulted him with intention to take his life, and had also caused injuries to his wife Pandri Bai (P.W.4) and his daughter-in-law Tilobai (P.W.5). On the basis of such information, the case was registered and investigation was undertaken. On completion of investigation charge was framed for commission of offences punishable under Sections 147, 148, 307 read with Section 34 and Section 323 of the Indian Penal Code, 1860 (in short 'IPC'). It was alleged that accused Khodhibai (since acquitted) and Pandri Bai (P.W.4) are sisters. There was a bad blood between them over certain properties and civil litigation was going on. The six accused persons were cutting the crops raised by Jhanguram (P.W.2) on the date of the occurrence. When he asked them not to do so, the accused persons did not pay any heed. Suddenly accused-appellant Rizan snatched the axe which Jhanguram (P.W.2) was holding and assaulted him with the said weapon and caused several injuries on different parts of his body e.g. lips, hands and feet. More particularly, accused-appellant, Duda hit Jhanguram and Pandri Bai with a stick. Other accused persons also hit him with their hands and feet. Some persons standing nearby came to their rescue. The injured P.Ws. 2, 4 and 5 were examined by the Doctor (P.W.1). During investigation the weapon of assault i.e. axe was seized from the accused-appellant, Rizan and some other weapons from the other persons. Six witnesses were examined to further the prosecution version. Accused persons pleaded innocence and false implication. On consideration of the evidence on record, the trial Court held that the prosecution has not been able to bring home the accusations against accused-Paras, Vinod, Khodibai and Jaymala.;