Judgment

JAYACHANDRA REDDY, J.

(1) THESE appeals are filed against the order of acquittal passed by the High court of Madhya Pradesh setting aside the convictions and sentences passed by the trial Judge against the respondents. All the respondents were tried by the trial court for offences punishable under S. 148 and S. 302 read with Sec- tion 149 IPC.

(2) THE prosecution case is that the accused are all interrelated and they belong to one faction. The other faction was headed by the deceased. There were constant conflicts between the parties. On the night of 5/01/1972 all the accused gathered and conspired to kill the deceased the next day. When the deceased and Public Witness 1 went outside the village all the accused, who were hiding, attacked him. Some of them were armed with ballams and others were armed with axe and lathis. PWs 1 to 5 saw the assault. Seeing the villagers the accused left the scene. PW I went to the police station and gave a report. An inquest was held over the dead body. The doctor, who conducted the post-mortem, found some burn injuries and only two incised injuries and two contusions. On inter- im nal examination there was fract