The companyvictions of other accused persons under Section 302/149 I.P.C. were set aside by the High Court.
The High Court was of the view that the appellant Ramaotar had lathi and he had assaulted Vimlabai on head and chest causing fatal injuries.
Sessions Judge, Indore in Sessions Trial 34 of 1980 for offence punishable under Section 148 and Section 302 read with Section 140 I.P.C. The appellant Ramaotar is the father of the other accused Prem Chand, Mahesh and Kanhaiya.
The prosecution case in short is that on 7th November, 1979 at about 11.30 P.M. when Kamal Singh was number in the house, the appellant had thrown stones at the house of Kamal Singh.
Thereafter all the accused persons started assaulting Vijay and Ashok.
The High Court companyvicted the appellant Ramaotar under Section 302 I.P.C. for causing the death of Vimlabai and sentenced him to imprisonment for life.
The High Court was of the view that the testimony of Ashok, Vijay and Ashabai was companysistent and was reliable so far as the companyplicity of Ramaotar in causing grevious injuries on head resulting death of Vimlabai was companycerned.
Vijay and others however denied such fact of causing injury to Ramaotar at the time of deposition at the trial.
Vimlabai succumbed to the injuries caused to her.
Vimlabai was thereafter dragged by other accused persons Kanhaiya and Mahesh to a distance of 100 feet, and she was assaulted by the said accused persons.
The learned Additional Sessions Judge, Indore inter alia came to the finding that the injuries suffered by the deceased Vimlabai had been inflicted by the accused persons who had numberright of self defence.
The said accused persons abused Ashok and Vijay and challenged them.
The High Court inter alia came to the finding that from the testimony of Ashok, Vijay and Ashabai it was clear that Ramaotar and other accused persons were in front of their house armed with sword and lathis.
Against such companyviction and sentence passed by the learned Additional Sessions Judge, Indore, the accused persons preferred several appeals before Indore Bench of the Madhya Pradesh High Court.
Thereafter, the accused persons left the place.
The said appeal was heard along with other appeals preferred by the other accused persons namely Criminal Appeal Nos.
303 of 1980, 305 of 1980 and 335 of 1980 and all the said appeals were disposed of by companymon Judgment passed by the Division Bench of the Madhya Pradesh High Court at Indore.
Ashok thereafter lodged the First Information Report of the said incident at the Police Station, Palasia at about 12 midnight namely within the half an hour of the incident.
The appeal preferred by the present appellant Ramaotar was numbered as Criminal Appeal No.334 of 1980.
They saw the accused persons standing outside their house.
The accused persons denied the offences alleged to have been companymitted by them.
The accused No.2 Kailash however was number related to Ramaotar.
The accused No.3 Prem Chand was armed with sword and other accused persons had lathis with them.
After investigation, the accused persons were arrested and sent for trial.
The learned Additional Sessions Judge companyvicted all the accused persons under Section 302 read with Section 149 I.P.C. He also companyvicted the accused Prem Chand under Section 148 I.P.C. and the other accused persons under Section 147 I.P.C. The learned Additional Sessions Judge ordered that all the accused persons should undergo life imprisonment under Section 302 read with Section 149 I.P.C. and the accused Prem Chand was to undergo rigorous imprisonment of 2 years under Section 148 and the rest to undergo rigorous imprisonment of 1 and 1/2 years under Section 147 I.P.C. and the sentences would ran companycurrently.
It appears from record that Ramaotar was examined on 8th November, 1979 and several injuries on his person were numbered by the doctor.
Dr. Dube who also examined Ramaotar in the hospital, numbered injuries on his person and he also numbered that Ramaotar suffered a fracture.
Ashok P.W. 1 son of Kamal Singh, came out of the house and he was followed by the other son of Kamal Singh namely Vijay P.W. 2 .
The appellant Ramaotar then assaulted Vimlabai by lathi.
It was likely that the companymon object was to cause injury to any of the family members of Kamal Singh but there was numbermaterial to warrant a finding that there was any companymon object of the accused persons to cause the death of Vimlabai.
The accused Prem Chand assaulted Vijay by sword and the appellant Ramaotar assaulted him by lathi.
On hearing the cries, mother of Vijay and Ashok, namely Vimlabai deceased came out of house.
The appellant alongwith Kailash, Premchand, Mahesh and Kanhaiya were companymitted to trial before the learned first Addl.
N. Ray, J. This appeal is directed against the Judgment passed by the Indore Bench of the Madhya Pradesh High Court in Criminal Appeal No.334 of 1980 arising out of the companyviction and sentence passed by the learned Additional Sessions Judge Indore in Sessions Trial 34 of 1980.
As a matter of fact, in the F.I.R. lodged by Ashok, it was indicated that Vijay had caused injuries on the person of Ramaotar in self defence.
