At that very time someone called Munna from outside, it is said that the appellant along with other three accused persons since acquitted started assaulting the deceased.
After investigation, charge sheet was filed against four accused persons including the appellant.
The High Court while reversing the order of the acquittal, has relied on the ocular testimony of PW 2 and PW 3 however, about PW 3 later it has been observed that even without taking into companysideration the evidence of PW 3, on the basis of the materials on record, there was numberdifficulty in arriving at the companyclusion that appellant was one of the assailants of the deceased who had participated in the murderous assault on him with Pharsa killing him on the spot.
In the First Information Report PW 1 gave the version about the assault as narrated by PW 2 and he named only the appellant saying that he along with three others had assaulted his brother the deceased .
An appeal was filed on behalf of the State Government before the High Court.
PW 6went to call PW 2.
In the meantime, PW 2 reached there and saw the deceased being assaulted.
Among the four accused persons he identified only the appellant.
PW 2 immediately ran to Prem Narayan PW 1 , the brother of the deceased, to inform him.
After sometime the accused persons fled away leaving the Pharsa on the spot.
PW 1 came along with PW 2 at the place of occurrence and found the victim dead, PW 1 lodged the First Information Report at 8.50 P.M. The occurrence is said to have taken place at about 8.00 in the evening.
However, the learned Additional Sessions Judge came to the companyclusion that it was number safe to companyvict the accused persons on basis of the two eye witnesses PW 2 and PW 3 and he gave benefit of doubt and acquitted the accused persons including the appellant.
P. Singh, J. The appellant along with three other accused persons was put on trial for an offence under Section 302 read with Section 34 of the Penal Code, for having companymitted the murder of one Munna, on 1.10.1979.
It is the case of the prosecution that on 1.10.1979, being the Dussehra day, Munna the deceased had his lunch with Vishwanath PW 2 and had fixed his dinner at the place of Pancham PW 6 , a relative of PW 2, The deceased reached the house of PW 6 in the evening.
