Penal Code, 1860–Secs. 302, 148 & 149 [Corresponding Secs. 103, 191(3) & 190 of BNS, 2023]–Conviction–Sustainability–Delay of 60 hours in lodging the FIR–Cross-FIR was lodged wherein charge-sheet for the offence u/s. 307/149 was filed against the complainant side–Both the sides sustained injuries–Complainant side was aggressive and went to the house of appellants–The witnesses have pleaded ignorance with regard to the injuries caused to the accused side–Case of over-implication–Trial Court has acquitted nine of the co-accused but no appeal was preferred by the complainant or State against acquittal–The story of prosecution that fourteen persons attacked the complainant side is not proved–Dispute took place with regard to a farm land which was mortgaged with the complainant side–Prosecution concealed the facts–Held, case would not fall within the purview of Sec. 149 because the charge-sheet has been filed against the complainant’s side for the offences u/ss. 307 r/w. 149 & 452–Judgment of conviction of appellants deserves to be set aside.
