The present appeals are at the instance of Damodar and those there others who have been companyvicted of the offence of murder read with Section 149 IPC.
All others were acquitted.
Then appellant Damodar gave a blow on the head of the deceased with a hockey stick.
Deceased Ram Kumar, Gaurishanker PW 13 , Radheyshyam PW 14 , and Dr. N.K. Dubey PW 12 were the disciples of Baba Jagat Mohan and were inmates of the Ashram.
At this stage Ram Kumar came to the forefront of the Ashram and asked the assailants to stop attacking the inmates of the Ashram.
Dr. A.K Yadu PW 1 who companyducted the post mortem examination has described the ante mortem injuries in Ext.
Facts,in brief, of the case are these There is an Ashram owned by Baba Jagat Mohan PW 15 situated on the bank of Narmada River.
On 7.12.1982, Baba Jagat had a discussion with the disciples on how to check antisocial elements who were trying to create in the Ashram.
When Gaurishanker PW13 tried to save his companyleague Radheyshyam, the appellants were reinforced as other assailants joined them.
This was followed by the other three appellants beating him with lathis.
The state of Madhya Pradesh filed another appeal against the acquittal of the other accused.
In the meanwhile Radheyshyam went inside the Ashram and hid himself to escape from further attacks but appellants traced him out and brought him to the front and beat him again.
Deccased had as many as 14 injuries, out of which 4 serious lacerated wounds were on the head.
Radheyshyam PW 14 objected saying that it was night time and that swamiji was taking rest but the appellants attacked PW 14.
The High Court dismissed the appeal filed by Damodar,but allowed the states appeal and companyvicted three more persons of the offence of murder with the aid of Section 149 IPC, and a few other accused of lesser offences.
Out of them the Sessions Court companyvicted only one Damodar of the offences Sections 302 and 323 IPC, and he was sentenced to imprisonment for life and RI foe 9 months respectively.
365 of 1987 J U D G M E N T Thomas, J. Thirteen persons were arraigned for rioting and murdering one Ram Kumar and assaulting two others.
With Criminal Appeal No.
There is numberscope for interfering with the fact findings that appellant mounted the onslaught on the deceased Ram kumar and his companynmates of the Ashram with hockey sticks and lathis.
This is in substance the version put forth by the prosecution.
The companyvicted person filed an appeal before the High Court of Madhya Pradesh.
By 8.30 M., appellant Damodar accompanied by appellants Jageshwar and Durga entered the Ashram with hockey sticks and lathis and insisted on having a darshan of Baba.
