M. K. Mukherjee, J. - (1.) The five appellants in these three appeals were tried for offences punishable under Ss. 147, 304 (Part II) read with Ss. 149 and 330, I.P.C. The allegations against them were that on September 17, 1982 they committed rioting and in course thereof caused bodily injuries to Phoola Devi of village Phera with a view to extorting confession from her which ultimately resulted in her death on September 23, 1982. The trial Court acquitted one of them namely, Sukhpal (the sole appellant in Criminal Appeal No. 460 of 1989) and convicted the other four under S. 304 (Part II) read with S. 34, I.P.C. and sentenced each of them to suffer rigorous imprisonment for five years. Assailing the judgment of the trial Court the four convicts preferred an appeal and the State of Madhya Pradesh, in its turn, filed another appeal against the acquittal of Sukhpal and for enhancement of sentences of other four appellants. In disposing of the two appeals by a common judgment, the High Court set aside the acquittal of Sukhpal and convicted him under S. 304 (Part II) read with S. 149, I.P.C. and dismissed the other appeal. The above judgment of the High Court is under challenge in these three appeals which have been heard together.
(2.) Sukhpal was a Major and the other four appellants were constables of the Special Armed Force (S.A.F.) Gwalior and at the material time they were camping at Chhatarpur to look after the law and order situation there. At the time of her death Phoola Devi was a member of the Janpad Panchayat and Gram Panchayat and was a social worker of the same area. According to the prosecution the appellants used to indulge in antisocial activities and were responsible for gambling and illicit distillation. As their such activities had created a terror among the villagers Phoola Devi took up the cudgels against them. On August 5, 1982 the Company Commandant of S.A.F. was to visit the village and Phoola Devi had planned to submit a representation to him complaining about the illegal activities of the appellants. This visit was, however, cancelled. It is alleged that the appellants had learnt about such move of Phoola Devi.
(3.) The further prosecution case is that on September 17, 1982 at or about 8 a.m. the appellants entered into the house of Phoola Devi on the pretext that they had information that she was having in her possession contraband ganja and unlicensed pistol. Phoola Devi was, however, not in the house at that time and her nephew told them that there was no such material. In the meantime Phoola Devi came back home and denied the accusation levelled against her. Appellant Sukhpal then abused her and appellant Ramrup Singh caught hold of her hair and started beating her. She was dragged outside the house and then taken towards the police station. While being taken to the police station, the appellants continued to beat her with lathis and a Beshram stick. At the police station they let her go on an assurance that she would pay Rs. 150/- and would not lodge any complaint, Phoola Devi, however, went to Chhatarpur and lodged complaint on September 18, 1982. She was then sent for medical examination by Dr. S. K. Dixit (P. W. 4) who examined her and gave his report (Ex.P-2). Thereafter Phoola Devi left the village out of fear and went to the nearby town of Banda (Uttar Pradesh) where she died on September 23, 1982. Her death was reported at Kotwali, Bandavide. Dr. Vishal Chand (P. W. 5) performed the autopsy and gave his report with his opinion that Phoola Devi died of rupture of liver and excessive bleeding. On receipt of the report of the post-mortem examination and after completion of investigation police submitted charge-sheet against the appellants.;