- (1.) This appeal by special leave is directed against the judgment of the Madhya Pradesh High Court. It arises out of these facts. Three persons, named Gopal, Bhagirath and Manohar were tried by the Additional Sessions Judge, Indore on charges under Ss. 307, 307/34. Penal Code for the attempted murder of their co-villager, Kashiram. There was also a charge under Section 324 against Gopal for causing hurt to a Devising (PW 2). The trial Judge convicted Bhagirath appellant under Section 307, Penal Code and sentenced him to three years' rigorous imprisonment. Gopal and Manohar were acquitted. Bhagirathis appeal was dismissed by the High Court, his conviction was maintained but the sentence was reduced to two years' rigorous imprisonment. Hence this appeal by him.
(2.) The prosecution story ran as under : Bhagirath appellant and Gopal, the acquired accused are real brothers. On March 30, 1969 Kashiram (PW 1) returned to his village Sanavdiya at about 6 p. m. He went into his house and bolted it from inside Immediately thereafter the appellant and the two acquitted accused, armed with weapons raided the house, hammered at the entrance door, broke it open, pulled out Kashiram and forcibly took him to a distance of 80 feet. There, Bhagirath and Gopal struck one spear blow each on the left flank of Kashiram, while Manohar gave him a farsi blow. The blade of the spear of one of the assailants got detached from its wooden handle and was left embedded in the wound of Kashiram. Devisingh (PW 2) tried to intercede but Gopal dealt him a blow, too. The assailants then ran away. Devising (PW 2) went to the Police Station Khudel and lodged the First Information Report (Ex. P-1).
(3.) Sub-Inspector Shankarrao Chouhan came to the village for investigation. There, the appellant, also, handed over a written complaint to the sub-inspector accusing that Kashiram, Devisingn and others had assaulted them. On this report, another case was registered against P. Ws. Kashiram, Devisingh and two others.;