IMPORTANT POINTS
Conviction cannot be awarded on assumptions and conjectures.
It is the quality and not quantity of evidence that matters in convicting accused.

JUDGMENT :

N.V. Ramana, J.

These appeals by special leave are directed against the judgment dated 12th September, 2007 passed by the High Court of Madhya Pradesh, at Jabalpur in Criminal Appeal Nos. 315, 316, 333 and 590 of 1999, whereby the High Court dismissed the criminal appeals filed by the appellants herein and affirmed the order of conviction and sentence passed by the trial Court against them.

2. Brief facts of the case, according to the prosecution, are that on 8th May, 1998 one Sanjay Sorle was attending a marriage at Bharveli village. While the ceremonials were underway, one Deepak with two others arrived there on motorcycle. An altercation had taken place between Sanjay Sorle and the motorcyclists. Deepak, while leaving that place, threatened Sanjay Sorle and went away. After that, he came back to the marriage venue at about 10.30 p.m. on a bullet motorcycle with Gudda @ Shivshanker, Shiv, Suresh (appellant herein) and Shanker (appellant herein) and took away Sanjay Sorle from the venue to the road and assaulted him. Altogether 11 persons were allegedly involved in the crime. Gudda had inflicted injuries with knife, Shiv with Gupti while Shanker and Suresh i.e. appellants herein attacked him by giving fist blows. The injured Sanjay Sorle was taken to police station at Bharveli and lodged the F.I.R. at 11 p.m.

3. Upon registering the same as Crime No. 54/98, police sent the injured Sanjay Sorle to the District Hospital at Balaghat for treatment, where he was declared dead. After conducting inquest (Ext.P3), dead body of the deceased was sent for postmortem, statements of witness were recorded, site map has been prepared by Patwary (Ext. P5) as well as police (Ext.P24). Accused were arrested and at the instance of accused Shivshankar, Manoj, Dwarka and Shivkumar knives and other incriminating material have been seized. Bullet motorcycle, allegedly rode by the accused, has also been recovered from the possession of accused Chokhu @ Sudhanshu (Ext. P9). Other things such as bloodstained soil, normal soil and clothes of deceased were seized and sent for expert examination. Charges were levelled against five accused persons i.e. Manoj, Baburao, Deepak, Gudda @ Shivshanker, Shanker and Dwarka @ Dan under Sections 148 and 302/149, IPC. In addition to those charges, accused Rupesh, Chokhu @ Rakesh, Suresh, Shiv Kumar and Dablu @ Sudhanshu were additionally charged for the offence punishable under Section 3(2)(5) SC & ST Act, 1989. The accused denied the charges, pleaded to have been falsely implicated and claimed to be tried.

4. After an elaborate trial, learned Additional Sessions Judge by a common judgment in Special Sessions Case No. 51/1998 and Sessions Case No. 120/1998, acquitted six accused persons from all the charges and discharged the accused (including appellants herein) from the charges under Section 3(2)(5) of SC & ST Atrocities Act, 1989. However, the trial Court came to the conclusion that the remaining five accused (including appellants herein) were guilty of the offences punishable under Sections 148, 302/149, IPC. Accordingly by judgment dated 27th January, 1999 they were convicted and sentenced to suffer rigorous imprisonment for a period of one year for the offence under Section 148, IPC. Whereas, for the offence punishable under Section 302/149, IPC they were sentenced to suffer life imprisonment and to pay a fine of Rs.2,000/- each, in default, to further suffer one year imprisonment. However, all the sentences were directed to run concurrently.

5. All the five accused persons, being aggrieved by the judgment of the trial Court, carried the matter in appeal before the High Court of Madhya Pradesh at Jabalpur assailing the award of their conviction and sentence. By the judgment impugned herein, the High Court found their appeal devoid of merits and therefore dismissed the same upholding the judgment passed by the trial Court. Dissatisfied with the same, Accused No. 3-Suresh Dhobi and Accused No. 5-Shanker are