The deceased was shouting for help.
Prosecution version in a nutshell is as follows On 15.7.1989 Premlal hereinafter referred to as the deceased had called a doctor for treatment of his sister and while he was returning after seeing off the doctor and reached near Kanji House Bazar Bohalla, accused persons had altercation with him and in order to kill, assaulted him by sticks and rod.
Premlal was sent for medical examination to Primary Health Centre from which he was referred to Padhar Hospital for treatment.
169 of 1989 and were companyvicted and sentenced to undergo rigorous imprisonment for one years and life respectively.
After investigation charge sheet was filed.
Later he became unconscious and fell down and the accused persons fled away from the place of occurrence.
They also threatened to set on fire his motorcycle at which Laxmi Bai and Maniya Bai PW5 went there where they saw accused persons assaulting the deceased by rod and lathi as also by fists and slaps.
After his death, his dead body was sent for postmortem examination which was companyducted by Dr. V.K. Shrivastava PW 14 .
In the opinion of the doctor Premlal died due to companya on account of head injury.
In appeal, however, the High Court directed the acquittal.
Report of the incident was given at 4.30 AM to the police station at Sarni, which is at a distance of about 9Km from the place of incident.
They were found guilty by the Additional Sessions Judge, Betul in ST case No.
Premlal succumbed to his injuries on 20.7.1989.
Thereafter the deceased was taken by his wife Somti Bai PW1 and Maniya Bai PW 5 to their house in unconscious companydition.
The trial companyrt as numbered above found the accused persons guilty and companyvicted them.
The accused persons faced trial for alleged companymission of offence punishable under Sections 148, 302 read with Section 149 of the Indian Penal Code, 1860 in short the IPC .
Dr. ARIJIT PASAYAT, J. Challenge in these appeals is to the judgment of a Division Bench of Madhya Pradesh High Court at Jabalpur directing acquittal of the respondents who are hereinafter referred to as the accused.
Since the accused persons pleaded innocence, the trial was held.
