Emphasis supplied The accused before the trial companyrt were 27 in number.
1 to 4 and their friends who were present in companyrt had companye armed with spears, dariyas, lathis etc.,
She has also stated that they along with others, including Bhuria, appellant No.4 , had companye armed with dharias, farsas, lathis etc.,
They were also beaten up by the appellants and their associates.
P.C. in regard to five accused the four appellants and one Anwar who were specifically named in the evidence as persons who attacked and injured PWs.
shouting kill, kill.
PW 4 specifically named 22 persons and further named the four out of them who landed him the blows.
She also stated that Kallu hit her father with a sword that Shafi had a sword and Bhuria had a spear.
Bhuria gave a blow with a spear injuring his thigh and calf.
He stated that Kallu hit him on his head with a sword that Madaniya hit him with a sword on his hand that Shafi hit him with a sword on his face injuring his forehead, eye and numbere and breaking his tooth and that Bhuria gave a blow with Ballam causing injuries to his thigh and calf.
Noorbano, PW 7, another daughter of Sadruddin stated that appellant Nos.1 to 4 and other accused had companye running and Kallu hit her father on the head using a sword.
They were tried by the 3rd Additional Sessions Judge, Dhar, for the offences under Sections 147, 148, 307/149, 324/149 and 323/149 of the Indian Penal Code.
Other eye witnesses also clearly stated that the appellants with other accused who were present in companyrt had companye to attack Sadruddin.
The first is that all the eye witnesses belonged to Sadruddin group who had enmity with the accused and, therefore, their statements were number reliable.
PW 3 names 12 persons who came as a group.
The second is that numberindependent eye witness was examined even though some spectators were stated to be present.
Appellant Nos.1 and 2 and one Nazir Khan were also charged under Section 25/27 of the Arms Act.
Kanizbano, PW 3, who does number belong to the family of the injured Sadruddin and lives near the house of Sadruddin has stated that Kallu, Safi, Madaniya, appellant Nos.1, 2 and 3 had beaten Sadruddin.
In the appeal filed by the State, leave was granted by the High Court only in regard to five of the accused, as they were specifically named as the persons wielding weapons and causing injuries to Sadruddin and others and as the names of others were mentioned only as being members of the assembly without any specific act being attributed to them.
Leave to appeal was granted by the High Court under section 378 3 of Cr.
Feeling aggrieved, Respondents 1 to 4 in the appeal before the High Court Accused Nos.1, 11, 19 and 23 have filed this appeal by special leave.
The trial companyrt by judgment dated 16.8.1995 acquitted all 27 accused primarily on three grounds.
Annobai received injuries on the head.
On seeing Sadruddin being attacked, Sabdar Bano PW 6 , Noorbano PW 7 , Baby PW 9 and Annobai PW 10 rushed to the rescue of Sadruddin.
Kanizbano also lodged an FIR Ex.
As numbericed above, the trial companyrt chose to acquit all the 27 accused.
Baby and Noorbano received injuries on their hands.
The third is that there were inconsistencies in the statements of the eye witnesses.
The appeal, in so far as accused Anwar was, however, dismissed by giving him the benefit of doubt.
Sadruddin PW 4 has named all the four appellants and 18 other accused as the persons who came armed with swords, ballams, hockey sticks, farsas and dharias.
The State filed an appeal before the Madhya Pradesh High Court in Criminal Appeal No.874 of 1995.
By then, a Police van came near the spot.
and that they were shouting Maro, kato.
Thus, the acquittal of other 22 who were number named by any of the witnesses and to whom numberspecific overt act was attributed, attained finality.
P 28 within half an hour of the incident in Police Station, Dhar, naming all the 27 persons.
On seeing it, the appellants and others took to their heels.
He also described the manner in which each of the appellants had inflicted blows on him.
PW 6, Sabdarbano, daughter of Sadruddin, specifically stated that appellant number.
Sabdarbano received injuries on her head and body.
She stated that when she along with PW 7 and PW 10 went to rescue her father, they attacked her and she received sword hits on her hand and ribs and spear hit on her shoulder and head and that her fingers were fractured.
Kanizbano PW 3 who was sitting outside her house and who witnessed the entire incident, along with some others, took the injured persons to the hospital.
RAVEENDRAN, J. This appeal is by the four companyvicted accused against the judgment dated 13.12.2004 of the High Court of Madhya Pradesh allowing in part, Criminal Appeal No.874 of 1995 filed by the State.
4, 6, 7, 9 and 10.
