JUDGMENT

Dr. Arijit Pasayat, J. —

1. Challenge in these appeals is to the judgment of a Division Bench of Madhya Pradesh High Court at Jabalpur directing acquittal of the respondents who are hereinafter referred to as the ‘accused’. The accused persons faced trial for alleged commission of offence punishable under Sections 148, 302 read with Section 149 of the Indian Penal Code, 1860 (in short the ‘IPC’). They were found guilty by the Additional Sessions Judge, Betul in ST case No. 169 of 1989 and were convicted and sentenced to undergo rigorous imprisonment for one years and life respectively.

2. Prosecution version in a nutshell is as follows:

On 15.7.1989 Premlal (hereinafter referred to as the ‘deceased’) had called a doctor for treatment of his sister and while he was returning after seeing off the doctor and reached near Kanji House Bazar Bohalla, accused persons had altercation with him and in order to kill, assaulted him by sticks and rod. They also threatened to set on fire his motorcycle at which Laxmi Bai and Maniya Bai (PW5) went there where they saw accused persons assaulting the deceased by rod and lathi as also by fists and slaps. The deceased was shouting for help.