JUDGMENT

Dr. B.S. Chauhan, J. —

1. This criminal appeal has been preferred against the judgment and order dated 15.12.2006 passed by the High Court of Judicature at Jabalpur in Criminal Appeal Nos. 518 and 890 of 1997.

2. Facts as explained by the prosecution have been that:

A. On 5.3.1996, on the day of ‘Holi’ at around 11.30 a.m., one Kailash @ Killu was assaulted by the appellants alongwith another accused in front of the house of one Rama Tailor. Anil (PW.11), nephew of the deceased, who had been following Kailash (deceased), raised an alarm and the assailants were caught at the spot. Various persons gathered at the place of occurrence but the assailants managed to flee. The injured Kailash was taken to the hospital but succumbed o his injuries. In view of the above, an FIR was lodged under Section 302 of Indian Penal Code, 1860 (hereinafter called as ‘IPC’) and Section 25 of the Arms Act, 1959, within one hour of the incident at 12.30 p.m., wherein both the appellants and other accused were named. In the FIR it was also stated that two policemen, namely, Ramdas Havaldar and Pannalal Sainik came at the scene and got the accused persons released from the mob and, thus, they succ