The court found that the prosecution failed to prove the appellants' guilt beyond a reasonable doubt due to unreliable witness testimony and evidence inconsistencies.

1. Challenge in this appeal is to the conviction and sentence recorded by the Special Judge, Balaghat in Special Criminal Case No.73/2004 vide judgment dated 28.10.2005, whereby each appellant has been convicted and sentenced under S.302/34 of the IPC to undergo life imprisonment with a fine of Rs.1000/- and if the fine is not paid, each appellant is directed to undergo six months additional R.I and the detention period is directed to be set off.

2. Undisputedly, present appellants and other acquitted co - accused persons Virendra Suryavanshi, Khemraj Lilhare and Guddu alias Wakeel Khan were arrested by the police in relation to crime No.255/2004 registered at police station Kotwali, Balaghat.

3. Prosecution case in brief is that Assistant Sub-Inspector of Police N.R. Sinha (PW - 14) lodged an FIR (Ex.P - 21) on 24.06.2004 at 22:40 hours (10:40 P.M.) at police station Kotwali, Balaghat stating that on the same date when he was patrolling with other police constables Netlal, Om Prakash and home guard sainik Satish in town Balaghat by a mobile vehicle driven by Govind Prasad Sharma (PW - 15), then during town patrolling at about 9 P.M, when vehicle was going towards the Narmada Nagar, near the S.T.D/P.C.O shop of Golu Thakre, in the light of the mobile vehicle it was seen that a person was being assaulted by knife, sword, stick, fists & kicks by Sanju, Bablu, Hari Gowara, Guddu, Virendra and Khemraj. Each of the three persons Sanju, Hari and Bablu was having a knife in his hand, Guddu was having a stick and other assailants were assaulting with fists & kicks. After seeing stoppage of police vehicle, all assailants fled away. When they reached near the injured person, injured person disclosed his name as police constable Rajendra Khobragade posted at police station Navegaon, who was having wounds on his head, face, hands and body, caused by knife, sword and sticks. When injured was being taken to hospital through mobile vehicle, then injured constable Rajendra Khobragade intimated that he had caught that kerosene was being poured in a truck, thereafter, above named persons have attacked on him with fatal weapons to cause his murder. Constable Rajendra Khobragade was admitted in district hospital, Balaghat, who died at 10:30 P.M on the same day during treatment. The incident was witnessed by his companions of mobile vehicle and residents of locality.

4. On FIR of complainant N.R. Sinha (PW - 14), Crime No.255/2004 was registered on 24.06.2004 regarding offences punishable under S.147, S.148, S.149, S.302 of the IPC and S.3(2)(five) of the SC & ST (Prevention of Atrocities) Act. During investigation, spot map (Ex.P - 5), inquest memo (Ex.P - 25) were prepared and the dead - body of Rajendra was sent for postmortem with application (Ex.P - 9) and the relating bed - head ticket (Ex.P - 31) in relation to treatment of deceased in the district hospital, Balaghat was taken. Patwari N.R. Bisen prepared outline diagram of spot (Ex.P - 30). Blood stained soil, simple soil and a blood stained brick were seized from the spot and a packet of sealed clothes of deceased received from hospital was also seized. Postmortem of deceased was conducted by Dr. A.K. Jain (PW - 9), who recorded postmortem report (Ex.P - 9). During investigation, after arrest of the accused persons, separate memorandums were recorded on disclosure statements of each accused person. On disclosure statements, his blood stained full - pant, a blood stained shirt of full sleeves was seized on being produced by Khemraj, an iron knife and a blood stained T - shirt of half sleeves were seized from Sanjay Sonwane. A blood stained half sleeves T - shirt wa