REWATIPRASAD Vs. STATE OF M. P.

JUDGEMENT

(1.) In this appeal, the above named 4 appellants have challenged their convictions under sections 148 and 302, 149 of the I.P.C. for which each of them was sentenced to undergo rigorous imprisonment for two years and imprisonment for life respectively. The sentences have been ordered to run concurrently.

(2.) THE prosecution case is this: There existed two parties one belonging to the appellants headed by Gariba and the other of the deceased and his brother Prabhu. In the year 1962, Gariba and his party assaulted the deceased assaulted the deceased Parsu which resulted in a prosecution and ultimate acquittal of Gariba and his asnceates. On 14 -10 -1973, deceased Parsu, Badri (P.W. 4) and Ramsingh (P.W. 9) were returning from the night shift of J.C. Mills at about 6. 30 P.m. when the appellants and deceased appellant Jaipalsingh armed with lathis and iron rods, assaulted Parsu, Badri and Ramsingh near the Tall of Moharsingh (P.W. 1) Jassu (P.W. 12) intervened, but he too was assaulted. The injured were removed to the police station where Badri (P.W. 4) lodged, the F.I.R. Ex. P. 5 at 8 a. m.

(3.) AN inquest was held over the dead body of Parsu on 21 -10 -1973 as per inquest report Ex. P. 2.