Two other accused, namely, Rooplal and Buddhulal were found guilty of the offence punishable under Section 324 IPC.
At that time, Buddhulals father Rooplal came there and took his son to his house.
The companyviction and sentence of the accused were companyfirmed by the High Court.
The incident in question took place on 19.7.1986 at about 9.00 PM.
It is alleged that while Buddhulal was armed with an axe, Rooplal was armed with a Bichua and Addha was having a Lathi.
He was taken to the nearby hospital where he was declared dead.
Deceased Sher Singh fell on the ground.
On the next day by about 9.20 AM, PW 1 Jugal Kishore gave the F.I. statement before the police and PW 6, Sub Inspector of Nainpur Police Station, took over the investigation.
PW 1 Jugal Kishore, along with PW 3 Mishridas, was returning from the nearby flourmill and they saw accused Buddhulal in a wordy altercation with PW 4, Pancham.
It is also the prosecutions case that Addha dealt 2 3 blows on the head and chest of the deceased Sher Singh.
PW 8 deposed that the injuries on the head and the ribs were sufficient in the ordinary companyrse of nature to cause death of the victim.
PW 8 companyducted the post mortem and it was revealed that 7th and 8th ribs of left side of the chest of the deceased were fractured.
On hearing this, deceased Sher Singh, PW 2 Gulab and some others persons came to the place of occurrence and there ensued a quarrel.
Jugal Kishore intervened and tried to dissuade them from quarreling.
But on reaching their house, Buddhulal and Rooplal started hurling abusive words at PW 1, Jugal Kishore.
It is the prosecutions case that Rooplal inflicted an injury on PW 1 Jugal Kishore and Buddhulal dealt a blow on the arm of Gulab.
The Sessions Court held that there was numberunlawful assembly as alleged by the prosecution and the appellant was found guilty of the offence punishable under Section 302 for having caused the death of one Sher Singh.
G. BALAKRISHNAN, J. Appellant Addha, son of Rooplal, was tried by the First Additional Court of Sessions, Mandla Madhya Pradesh, along with four others, or the offence punishable under Section 302 read with Section 149 IPC.
