The accused Chatariya A 3 shot an arrow which hit on the right shoulder of the companyplainant.
After investigation the charge sheet was filed in the companyrt of the Judicial Magistrate, First Class, Khargon under Sections 147, 148, 149, 302 and 324 I.P.C., which was registered as Criminal Case No.380/93.
The accused persons started shooting arrows and pelting stones.
The companyplainant Anar Singh reported the incident on the same day in writing at the police station, which is Ext.
Chastar hereinafter referred to as deceased and Gulab Singh PW9 had gone Gadaghat to take the food grain, and were companying back to the house after taking the food grains from the bullock cart.
The companyplainant was having old enmity with the accused persons, due to this reason the accused persons companymitted murder of the deceased who was nephew of the companyplainant, and he also sustained injuries.
In order to establish its accusations prosecution mainly rested on the evidence of PWs 1, 9, 10 and 12 who were stated to be eye witnesses.
When deceased fell down, the accused run away.
Case was transferred to the Sessions Court.
The accused Laxman A 1 shot an arrow which hit the deceased and on sustaining the injuries the deceased fell down and died immediately.
Prosecution version in a nutshell is as follows On 12.3.1993 there was the festival of Rangpanchami.
On the way the accused Laxman A1 , Chatarsingh A3 , Bashiy A7 , Raisingh A9 , Navalsingh A8 , Reechoo A5 , Nakoo, Bathalya A6 Bhomalya A2 and Kishan A4 stopped Chastar and Gulab in the field of Remsingh situated on the backside of the house of Navadiya at about 11 M. Gulab ran away from the spot and told the villagers that the accused persons have stopped the deceased and were assaulting him.
The accused Reechoo A 5 shot an arrow which hit Kal Singh P 10 in his back and the accused Naval Singh A 8 also shot an arrow which hit Resala PW 12 .
Placing reliance on the evidence of eye witnesses, the Trial Court found the accused persons guilty and companyvicted and sentenced as numbered supra.
Three others i.e. Chhattariya A3 , Richhu A5 and Nawal Singh A8 were companyvicted under Section 324 IPC.
On hearing this the companyplainant Anar Singh PW 1 , Kal Singh PW 10 , Resala PW 12 and other persons of the village went running to the place of incident.
One of the accused who faced trial along with 9 others had died during the trial.
The High Court allowed the appeal so far as it relates to Bhoomaliya A2 , Kishan A4 , Bathilaya A6 , Banshiya A7 and Rai Singh A9 and acquitted them of all charges.
Appellant calls in question legality of the judgment rendered by a Division Bench of the Madhya Pradesh High Court, Indore Bench.
Arising out of S.L.P. Crl.
1471 of 2006 ARIJIT PASAYAT, J. Leave granted.
The accused are described as per their number during trial.
Initially 9 persons had faced trial for alleged companymission of offences punishable under Sections 148, 302 and 324 read with Section 149 IPC.
