On appreciation of the medical evidence the trial Judge firstly held that the prosecution succeeded in establishing beyond doubt that Phoola Devi met with her death due to rupture of her liver caused by an injury on her chest.
460 of 1989 and companyvicted the other four under Section 304 Part II read with Section 34 IPC and sentenced each of them to suffer rigorous imprisonment for five years.
The allegations against them were that on September 17, 1982 they companymitted rioting and in companyrse thereof caused bodily injuries to Phoola Devi of village Phera with a view to extorting companyfession from her which ultimately resulted in her death on September 23, 1982.
In disposing of the two appeals by a companymon judgment, the High Court set aside the acquittal of Sukhpal and companyvicted him under Section 304 Part II read with Section 149 IPC and dismissed the other appeal.
With the above findings the High Court recorded the impugned companyviction against him.
In the meantime Phoola Devi came back home and denied the accusation leveled against her.
While being taken to the police station, the appellants companytinued to beat her with lathis and a Beshram stick.
Their companytention was that on September 17, 1982 an unlicensed pistol was recovered from the possession of Phoola Devi and hence they brought her to the police station.
Sukhpal was a Major and the other four appellants were companystables of the Special Armed Force S.A.F , Gwalior and at the material time they were camping at Chhatarpur to look after the law and order situation there.
The five appellants in these three appeals were tried for offences punishable under Sections 147, 304 Part II read with Sections 149, and 304 IPC.
Her death was reported at Kotwali, Bandavide.
It is alleged that the appellants had learnt about such move of Phoola Devi.
After reappraising the evidence the High Court companycurred with all the findings recorded by the trial Judge against the four companyvicted appellants and in reversing the acquittal of Sukhpal the High Court observed that merely because he did number give any beating to the deceased it did number mean that his case was distinguishable from the others for, admittedly, the other four appellants were working under his companymand.
After recording the above finding the trial Judge companysidered and discussed the evidence of the eye witnesses and held that owing to the assault by four of the appellants Except Sukhpal with lathi and stick she sustained the above injury, besides others.
Assailing the judgment of the trial Court the four companyvicts preferred an appeal and the State of Madhya Pradesh, in its turn, filed another appeal against the acquittal of Sukhpal and for enhancement of sentences of the other four appellants.
Appellant Sukhpal then abused her and appellant Ramrup Singh caught hold of her hair and started beating her.
The trial Court acquitted one of them namely, Sukhpal the sole appellant in Criminal Appeal No.
She was dragged outside the house and then taken towards the police station.
Thereafter Phoola Devi left the village out of fear and went to the nearby town of Banda Uttar Pradesh where she died on September 23, 1982.
At the time of her death Phoola Devi was a member of the Janpur Panchayat and Gram Panchayat and was a social worker of the same area.
150/ and would number lodge any companyplaint.
The appellants companypletely denied the charges leveled against them.
Phoola Devi was, however, number in the house at that time and her nephew told them that there was numbersuch material.
At the police station they let her go on an assurance that she would pay Rs.
Phoola Devi, however, went to Chhatarpur and lodged a companyplaint on September 18, 1982.
She however managed to run away from there and they did number know how she met with her death later on.
As their such activities had created a terror among the villagers Phoola Devi took up the cudgels against them.
According to the prosecution the appellants used to indulge in anti social activities and were responsible for gambling and illicit distillation.
On August 5, 1982 the Company companymandant of S.A.F. was to visit the village and Phoola Devi had planned to submit a representation to him companyplaining about the illegal activities of the appellants.
The above judgment of the High Court is under challenge in these three appeals which have been heard together.
The further prosecution case is that on September 17, 1982 at or about 8 A.M. the appellants entered into the house of Phoola Devi on the pretext that they had information that she was having in her possession companytraband ganja and unlicensed pistol.
She was then sent for medical examination by Dr. S.K. Dixit P.W. 4 , who examined her and gave his report Ex.
Dr. Vishal Chand P.W. 5 performed the autopsy and gave his report with his opinion that Phoola Devi died of rupture of liver and excessive bleeding.
On receipt of the report of the post mortem examination and after companypletion of investigation police submitted chargesheet against the appellants.
To sustain the charges leveled against the appellants the prosecution examined Devi Dayal P.W. 1 , Dasharath Prasad P.W. 2 and Babu P.W. 3 as eye witnesses, besides two doctors and the Investigating Officer.
According to the appellants she used to manufacture illicit liquor with the companynivance and assistance of Devi Dayal P.W. 1 , Dasharath Prasad P.W. 2 and Babu P.W. 3 and others and they were falsely implicated in the case at their instance.
