The court upheld the acquittal of the respondents due to contradictions in witness testimonies and the prosecution's failure to prove the charges beyond a reasonable doubt.

1. This appeal has been filed under S.378 of the Code of Criminal Procedure, 1973 against the judgment of acquittal dated 20-12-2001 passed by III Additional Sessions Judge, Raipur in ST No. 291/2001, acquitting the respondents of charges under S.147, S.148, S.149 and S.307 of the Indian Penal Code.

2. Case of the prosecution, in brief, is that on 26-5-2001 at about 8 p.m., while injured Jitendra Hirwani (PW 1) was returning home, the respondents waylaid him and alleging that he had been spreading rumour about respondent Hemlal and Kamleshwari Sahu and thereby defaming them, started assaulting Jitendra Hirwani with sticks, hands and fists as well as with knife. At that time, the respondents were threatening him that they will kill him. On alarm being raised by Jitendra, his mother Vimla Bai (PW 4), Amritbai (PW 2) and Janik Bai (PW 5) came there and intervened. After that, the respondents fled from the site of occurrence. Injured Jitendra (PW 1) was first taken to Dr. Sahu of his village, who on seeing the extensive injuries on his body, advised him to go to some big hospital for treatment. Thereafter, when the injured was taken to Medical College Hospital Raipur by his father Ramkumar, Sarpanch Mansharam and other persons of the village, information regarding the incident was given by the doctor present in hospital to the police outpost situated within the premises of hospital. On receiving information, the police from the outpost had come, to whom the information about the incident was given by injured Jitendra (PW 1), which was reduced to writing and got signed by the injured.

3. After that, on the application of the police, the injured was got medically examined and was subsequently admitted in hospital. As the incident had taken place at Village - Baloda, situated within the local limits of Police Station - Dharseenva, therefore, information was given by the police outpost situated at Medical College Hospital Raipur to Police Station - Dharseenva. On receiving the information, Sub-Inspector R. N. Sahu (PW 11) proceeded to Medical College Hospital Raipur and reached there at about 00.30 hours on 27-5-2001, but as the injured was, at that time, not in a fit condition to give statement, his statement was recorded at about 9.20 a.m. on 27-5-2001 by R. N. Sahu (PW 11) in the form of Dehati Nalishi (Ex. P / 1), on the basis of which FIR (Ex. P / 1C) was registered at Police Station - Dharseenva on the same day under Cr. No. 82/01 for the offence punishable under S.147, S.148, S.149 and S.307 of the IPC against the respondents.

4. After examining the injured, a report (Ex. P / 8) was given by Dr. Santosh Bhandari (PW 8). Statements of the witnesses were recorded during investigation under S.161 of CrPC. On the basis of information given by respondent Ramlal under S.27 of the Evidence Act, vide Memo Ex. P / 4, one steel knife was seized in the presence of witnesses on being produced by respondent Ramlal vide seizure Memo Ex. P / 5 by Inspector R. K. Lalwani (PW 10). From the spot, plain and blood - stained soil were seized in the presence of witnesses by R. N. Sahu (PW 11), Sub-Inspector, vide seizure Memo Ex. P / 6. Blood - stained wearing apparels of the injured were seized in presence of the witnesses vide Ex. P / 7. Spot map Ex. P / 9 was prepared. The seized articles were sent for examination to Forensic Science Laboratory, Raipur vide Memo Ex. P / 13.

5. After completion of investigation, charge - sheet was filed before the competent Magistrate under S.173(2) of CrPC. The Magistrate committed the case under S.209 of CrPC to the Court of Sessions Judge, from where the same was received by the learned Addit