From the statements of other witnesses the prosecution wanted to prove the existence of circumstances which were stated to be sufficient to companynect the accused with the companymission of the crime.
The appellants along with Mutiya and Panna, sons of Arjuna were charged under sections 147 and 302 read with Section 149 of the I.P.C. and after the trial, acquitted by the sessions judge, Shivpuri, Madhya Pradesh.
No appeal was filed against the acquittal of Mutiya because after the judgment of the trial companyrt, he had died.
First information report of the occurrence was lodged in police station, Khamiya on 24th July, 1984 at 6 a.m. To prove its case, the prosecution produced a number of witnesses including Panna S o Kharaga PW 12 who claimed to be the eyewitness.
The prosecution case is that on 23rd July, 1984 at about 8 9 p.m., when Kallu deceased had gone for fishing at the pond, he was caught hold of by the appellants, taken to their house beaten with lathis, in companysequence of which he died and his dead body was recovered from the house of Mutiny accused on the next day.
In the appeal filed by the state against the appellants and one Panna, the judgment of acquittal was set aside and all the seven accused were companyvicted for the offence under sections 147 and 302 read with Section 149 of the I.P.C. and sentenced to imprisonment for life.
