JUDGMENT

S.N. Variava, J.-These two appeals by special leave are directed against orders dated 28th June, 1996 and 17th July, 1996 passed by the High Court of Madhya Pradesh at Jabalpur in Criminal Appeal No. 490 of 1990.

2. Briefly stated the facts are as follows:

It is the case of the prosecution that on 20th February, 1987, PW 1 Yaqub was coming back from the forest near his village Khokariya, under the jurisdiction of Police Station Narwar, district Ujjain, and on the way he was accosted by accused No. 4 Sardar. It is the case of the prosecution that Sardar caught hold of Yakub, by his collar, slapped him, abused him and threatened him for lodging many reports against him; the brother of Yaqub namely Peera, and his uncle Ismile Hazi (PW 5) came on the spot, separated the two persons, took Yaqub to the brothers house and forced Yaqub to remain in a room which was bolted from outside; that sometime after this incident, at about 10 a.m., accused No. 4 Sardar armed with axe, accused No. 1 Ahmad Noor armed with Saliya, accused No. 5 Daulat armed with Saliya, accused No. 2 Usman armed with axe, accused No. 6 Sikander armed with Saliya and accused No. 3 Ramzu armed with stick cam