VIJAY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has been convicted under section 304, Part II, IPC and sentenced to undergo rigorous imprisonment for five years by First Additional Sessions Judge, Ujjain, vide judgment dated 3.8.1982, passed in Sessions Trial No. 74 of 1982.

(2.) The appellant was tried along with his brother Prahlad and father Ichcharam (Since acquitted) on charge under section 302, alternatively section 302/34, IPC.

(3.) Prosecution case was Ichcharam had received a letter from Savda in Maharashtra where deceased Kishores sister was married and it was rumoured about her, on the basis of the letter received, that she was given to easy virtues. A day before the incident i.e. on 15.12.1981, the deceased alongwith Onkar (P.W. 4) had been to Ichcharam to enquire about the letter received by him, Ichcharam, however, did not part with the letter and quarrelled with the two, who informed their uncle Heeraman (P.W. 1) about it, who lodged a report, Ex. P-i, at Mahankal Police Station, Ujjain. Next day. it is alleged that Ichcharam called Onkar and Pritam to his house, through the appellant, but they were not available when Vijay reached their house. They, however, came to the accused around 5.30 or 6.00 p.m. and asked chcharam as why they had been called by him Ichcharam questioned them as to why they quarrelled yesterday. The other two accused also came and start beating Onkar and Pritam with lath is. Kishore on coming to know that Pritam and Onkar had gone to set out in their search and reached Ichchalam's house there he found them quarrelling, tried to pacify them. In the meanwhile, it is alleged the appellant dealt a lathi blow on his head, resulting in fracture of parietal bone. While the quarrel was still on, police appeared on the scene handed all under section 151, Cr. P.C. Kishore who was injured lying unconscious, on regaining consciousness, rushed home and from there to Mahankal Police Station where be lodged report, Ex. P-3.