RAMVILAS RAMDIN Vs. STATE OF M P

JUDGEMENT

(1.) IN Sessions trial No. 105 of 1980 First Additional Sessions Judge, Morena, convicted and sentenced the appellants under section 148 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for two years each and under section 302 read with section 149 of the Code for the murder of Sultansingh, Ramdayal, Savitri bai, Karansingh and Lakhansingh and sentenced them to undergo imprisonment for life. The appellant No. 1 Ramvilas was further convicted under section 307 and the remaining appellants under section 307 read with section 149 of the Code for attempt to murder Mst. Gangadevi and sentenced to undergo rigorous imprisonment for 5 years each. All the sentences were ordered to run concurrently. Being aggrieved, they have come up in appeal.

(2.) THE appellants 3 and 4 namely Gourishankar and Ramdin, respectively, are real brothers, being sons of Sanwale. The appellants 1 and 2 namely Ramvilas and Mevaram, respectively, are sons of the appellants 4 and 3, respectively, Keshav and Sheonarayan are also sons of the appellant no. 3 while Kailashi is also a son of the appellant No. 4.

(3.) SIYARAM eldest brother of the appellants 3 and 4, had abducted garsingh's (P. W. 11) mother with a daughter Chhoti about 30 years ago. In retaliation, about 15 years ago, Garsingh (P. W. 11) abducted daughter of the appellant No. 3 and, since then, she has been living with him as his wife. Garsingh (P. W. 11) had a distant uncle Fatehsingh, who was murdered by Siyaram about 15 years ago for which he was convicted and sentenced to death. The deceased Sultansingh was real brother of Garsingh (P. W. 11 ).