The main legal point established in the judgment is the significance of corroborative evidence, the reliability of witness testimonies, and the principle of giving the benefit of doubt to the accused when the prosecution fails to establish the offence with reasonable certainty.

R.B. Dixit, J.

1. Appellant being aggrieved by the judgment and order of conviction dated 14th May, 1984, passed in Sessions Trial No. 36/82 by the Second Additional Judge to Sessions Judge, Vidisha convicting appellants under Sections 148, 302 read with Section 149 IPC and sentencing them for imprisonment of life under Section 302/149 and further sentencing them for two years' RI and fine of Rs. 500/- under Section 148 IPC, have challenged their conviction and sentence under the present appeal.

2. The prosecution case in brief is that on 17-9-1981 at about 8.00 p.m. when deceased Maharaj Singh was talking with acquitted co-accused Heera Lal, the appellants along with other co-accused persons armed with lathi, farsa, ballam, knife and luhangi came on the spot. Heera Lal caught hold of deceased Maharaj Singh and rest of the accused persons caused injuries to him. When Hari Singh (P.W. 1), cousin of the deceased intervened, he was assaulted with luhangi by Dhan Singh and on his raising hue and cry, Kundan Singh, Ram Singh and Ghuman Singh arrived and the assailants ran away on their arrival.

3. The deceased was brought in a tractor trolley to police station Kurwai where Hari Singh lodged FIR. The deceased was referred for medical examination, but he succumbed to his injuries during the course of his examination. After intimation of the death of the deceased, an offence under Sections 302/34, 148 and 149 IPC was registered. Police agency prepared Panchnama of the dead body and the dead body was sent for post-mortem. Dr. P.N. Kathoriya, who conducted autopsy found following injuries on the body of the deceased:

1. Incised would 2" x 1/2" x 1" above & parallel to right eye brow. Frontal bone was also found fractured.

2. Incised wound 1 3/4" x 1/2" x 1" on left side of face. Left maxilla bone was found fractured.

3. Lacerated wound 1" x 1" x 1/2" on right side of head.

4. Lacerated wound 1/2" x 1" x 1/2" medial aspect of scalp.

5. Lacerated wound 1/2" x 1" x 1/2" on left side of scalp.

6. Lacerated wound 1" x 1/4" x 1/4" on left side of scalp.

7. Lacerated wound 2" x 1" x 1/2" on left side of scalp.

8. Incised wound 1/2" x 1/2" x 1" on right leg.

9. Incised wound 1/2" x 1/2" x 1/2" on left leg.

10. Contusion 1 1/2" x 1/2" x 1/2" on left knee.

11. Incised wound 1/2" x 1/4" x 1/2" on occipital region of head, Occipital bone is seen fractured, laceration under fracture is seen. Brain matter is damaged.

12. Abrasion 1" x 1/2" on anterior aspect of left shoulder.

13. Incised wound 1/2" x 1/4" x 1/2" on lateral aspect of left arm.

14. Abrasion 3" long on lateral aspect of left arm.

15. Multiple abrasions on posterior of left shoulder.

The man died due to damage of brain matter. It may be homicidal.

4. Injuries of Hari Singh were also examined (Ex. P-39) by Dr. P.N. Kathoriya, who found following injuries on his person.

1. Defuse swelling on phalange of right thumb.

2. Contusion 1 1/2" x 1" on anterior aspect of right shoulder joint.

5. Accused were arrested and interrogated. On being informed about the weapons of offence, memorandum of accused persons were prepared and a luhangi was recovered from accused Gyan Singh, farsa from accused Phulla, knife from Sibbu (Ex. P-10), Lathi from Gopi Das (Ex. P-11), Luhangi from Dhan Singh (Ex. P-12), Lathi from Ummed Singh (Ex. P-13), farsa from Bhagwan Singh (Ex. P-14), lathi from Shriram (Ex. P-15), lathi from Pratap Singh (Ex. P-16), a lathi from Udham Singh (Ex. P-17) and a ballam from Bishan Singh (Ex. P-18) were recovered. Blood stained clothes of the deceased were collected (Ex. P-45) and all the seized articles including the weapons were sent for chemical examination. The report of Forensic Science Laboratory, Sagar (Ex. P-48) shows presence of blood on the recovered articles. However, no marks of blood were found on farsa recovered from Bhagwan Singh and on ballam recovered from Bishan Singh.

6. After collecting the medical evidence, recording the evidence of witnesses and effecting seizure and preparation