Judgment

C.K. THAKKER, J.

1. Leave granted.

2. The present appeal is directed against the judgment and order passed by the Court of Additional District & Sessions Judge, Chanchoda, District Guna on February 22, 2000 in Sessions Case No. 587 of 1997 and confirmed by the High Court of Madhya Pradesh, Jabalpur (Gwalior Bench) on December 11, 2006 in Criminal Appeal No. 210 of 2000.

3. The short facts of the case are that First Information Report (FIR) was lodged by one Ram Singh (PW7), son of Ram Prashad Meena resident of Kulakheda on October 1, 1997. According to the prosecution, on October 1, 1997, one Ramesh Singh was going from Anjali to Kumbhraj on motor-cycle of one Govind Singh along with Raghuveer Singh and Hukum Singh. When they reached near Khatakiya Tiraha, all accused persons who were hiding themselves in the shadow of a Mini Bus and armed with lethal weapons, like lathi, farsa and luhangi appeared, stopped the motor-cycle driven by Ramesh Singh and started beating him by inflicting blows. Accused-2 Bhagwan Singh caused farsa blow on the left hand of Ramesh, Accused-1 Tulsiram caused luhangi blow on parietal region of Ramesh Singh, Accused-4 Daku and Accused-3 Roop Singh gave lathi blows on legs and knees of Ramesh Singh. Raghuveer Singh Meena came to the rescue of Ramesh Singh, but Accused-1 Tulsiram inflicted luhangi blow over his right hand. Raghuveer Singh Meena, hence, immediately ran away from the place of occurrence. Several injuries were caused by accused persons to Ramesh Singh. Ramesh Singh fell down and became unconscious. All the accused then took Ramesh Singh and threw him in the pit. Hari Singh, Chandan Singh and Ram Singh meanwhile came at the place of occurrence and saw the accused running away from the place. Ramesh Singh was then taken out of the pit, was placed in a Matador and was taken to the Police Station Kumbhraj. Injured Raghuveer Singh Meena also reached the Police Station.

4. According to prosecution, Ramesh Singh and injured Raghuveer Singh were plying passenger-jeep between Kumbhraj to Khatakiya and Khatakiya to Kumbhraj. The accused persons demanded Rs.50/- per day, per trip. The injured, however, did not oblige the accused which was the route cause and with a view to teach a lesson to Ramesh Singh and Raghuveer Singh, the accused persons assaulted them.

5. A case was registered against the accused for offences punishable under Sections 307, 325, 323, 147, 148, 149 and 34 of the Indian Penal Code (IPC). After usual investigation, challan was filed in the Court of Judicial Magistrate, First Class who passed an order of committal in view of the case being triable by a Court of Session. The accused did not plead guilty and claimed to be tried.

6. The prosecution, to prove its case against the accused, examined fourteen witnesses. The learned Additional Sessions Judge held that the prosecution was able to establish the case beyond reasonable doubt against the accused and after hearing them, passed an order of conviction and sentence. The High Court confirmed the order passed by the trial court.

7. Against the order of conviction and sentence, the appellants have approached this Court. Prayer for exemption from surrendering was rejected by this Court. The appellants thereafter surrendered and notice was issued. Records and proceedings were called for. Since neither exemption from surrendering was granted nor the accused were enlarged on bail, the matter was ordered to be posted for final hearing.

8. We have heard the learned counsel for the parties.

9. The learned counsel for the appellants contended that both the courts committed an error in convicting the appellants. It was submitted that the genesis of the prosecution was doubtful as the prosecution has not come with clean hands. It has suppressed material facts from the Court. Apart from omissions and material contradictions in the testimony of witnesses, even medical evidence does not support the case of the prosecution. It was submitted that accor