The learned Sessions Judge refuced to accept the case against the appellant because some of the eye witnesses had number stated in their statements before the police that it was the appellant who exhorted the accused to assault the deceased.
The High Court found with this line of reasoning on the ground that the statements of witnesses were number properly put to the witnesses.
The appellant is alleged to have exhorted the other accused to assault the deceased.
There were other accused also, but this Court refused leave to them.
The Sessions Judge had also relied on the improbabilities of the case against the appellant.
