JUDGMENT

C.K. THAKKER, J.

1. Leave granted.

2. The present appeal is directed against the judgment and order of conviction and sentence recorded by the First Additional Sessions Judge, Ujjain, Madhya Pradesh on December 2, 1994 in Sessions Trial No.258 of 1993 and confirmed by the High Court of Madhya Pradesh (Indore Bench) on September 11, 2007 in Criminal Appeal No.817 of 1994.

3. The case of the prosecution was that on March 3, 1993 between 7.00 and 8.00 a.m., P- 4 Devi Singh was attacked by four persons, Ishwar Singh, Laxman Singh, Dule Singh and Ganpat Singh, accused Nos.1 to 4 respectively. All the accused were, therefore, charged for commission of offences punishable under Section 307 read with Section 34, Indian Penal Code, 1860 (IPC). After usual investigation, the matter was committed to the Court of Session in view of charge under Section 307, IPC which was exclusively triable by a Court of Session.

4. The learned Judge, vide his Judgment and Order dated December 2, 1994, held that the prosecution was successful in partly establishing the case. On the basis of evidence of prosecution witnesses, the trial Court held that it would be appropriate to give benefit of doubt to