ORDER

1. Heard learned counsel for the parties.

2. The respondents were convicted by the trial court under Section 302 read with Section 34 of the Penal Code, 1860 (for short "IPC") and sentenced to undergo imprisonment for life. They were further convicted under Section 324 read with Section 34 IPC and under Section 323 read with Section 34 IPC and each one of thcm was sentenced to undergo rigorous imprisonment for a period of one year and six months respectively. All the sentences, however, were ordered to run concurrently. On appeal being preferred, the High Court reversed the order of the trial court and acquitted the respondents of all the charges. Hence, this appeal by special leave.

3. Allegations against the accused persons were that in the night between 25-3-1979 and 26-3-1979, they went to the house of one Liyakat Ali armed with a ball am, knife and lathi and assaulted Liyakat AU with their respective weapons. When the inmates of the house, Usman Ali (PW 1), brother of Liyakat Ali, Smt Kamrul Nisha (PW 2), wife of Liyakat Ali and Smt Khatoon (PW 3), mother of Liyakat Ali rushed to save him they were also assaulted by the accused persons. Thereafter, the accused persons fled away.

4. A first information report was lodged at the police station concerned in which all the four respondents were named. The police after registering the case took up investigation and upon completion thereof submitted chargesheet, on receipt whereof, learned Magistrate took cognizance and committed the accused persons to the Court of Session to face trial.

5. During trial prosecution examined three eyewitnesses, namely, Usman Ali (PW 1), Smt Kamrul Nisha (PW 2) and Smt Khatoon (PW 3). These three witnesses have been named as eyewitnesses in the first information report itself and they have consistently supported the prosecution case disclosed in the first information report.

6. All the three witnesses were examined by Dr. K.K. Kesari (PW 7) who a found the following injuries on their person:

Usman Ali (PW 1)

(1) A lacerated wound sized 3/4 cm x 12 cm x muscle-deep on the back of right hand lies 21/2 cm below the right wrist, hard clot present.

(2) A lacerated wound sized 31/2 cm x cm x 1/4 skin-deep on the left side of back lies 16 cm above the left bone of wrist and 15 cm outer side t from the midline of back, hard clot present.

(3) Contusion sized 3 cm x 2 cm on the left buttock lies 7 cm below the left bone of wrist. Reddish in colour.

Smt Kamrul Nisha (PW 2)

(1) An abrasion sized 2 cm x 1 cm on the front of right knee. Hard clot present.

(2) An abrasion sized 1/4 cm x 1/4 cm on the back of right elbow. Hard clot present.

(3) A lacerated wound sized 1 cm x 1/2 cm x skin-deep on the right side of abdomen lies 11 cm from the umbilicus. Hard clot present.

Smt Khatoon (PW 3)

(1) Abrasion sized 2 cm x 1 cm on the back of right forearm lies 6 cm above the right wrist.

(2) An incised wound sized 1 cm x 1/2 cm x skin-deep on the right side of chest 5 cm outer side from xiphisternum and 12 cm above the umbilicus. Hard clot present.

(3) An incised wound sized 2 cm x Y2 cm x skin-deep on the right ~ side of chin lies I cm below the lower lip. Hard clot is present between the edges of wound.

(4) An incised wound sized 1.5 cm x 1 cm x skin-deep on the right side of forehead lies 2 cm above the middle of right eyebrow. Hard clot is present between the edges of wound.

(5) An incised wound sized 1 cm x 1/2 cm x skin-deep on the right I eyebrow lies 4-5 cm outer side from root of nose. Hard clot is present between the edges of wound.

(6) An incised wound sized 6 cm x 2 cm x maxillary bone is broken and actual depth is not clear whether it is . . . or buccal cavity-deep. Therefore, referred to District Hospital for expert opinion. X-ray of the injured areas. Hard clot is present.

(7) Contusion sized 1.5 cm x 1 cm on the right shoulder joint.

Reddish in colour.

7. Dr. R.D. Tripathy (PW4) who held post-mortem examination on the dead body of Liyakat Ali found following injur