- (1.) Leave granted.
(2.) Challenge in this appeal is to the judgment of a Division Bench of Madhya Pradesh High Court, Indore Bench upholding the conviction of the appellants for offence punishable under Section 302 read with Section 149 and Section 323 read with Section 149 of the Indian Penal Code, 1860 (in short the 'IPC'). Each of the appellants was sentenced to undergo RI for life and to pay a fine of Rs. 1,000/- with default stipulation.
(3.) The prosecution case as unfolded during trial is as follows : In the intervening night of 3rd and 4th July, 1991 at about 12.00 in village Khandakhedi Kishanlal (hereinafter referred to as the 'deceased'), his wife Sampatbai and daughter Premlatabai were sleeping inside their house. At that moment appellants and deceased accused Jalu @ Jalamsingh and juvenile accused Jeevan reached at their house. They broke open the wooden door, while abusing the inmates and reached in the courtyard. They told deceased Kishanlal that they would not permit him to take his she-buffallows from their field and asked as to why deceased made a complaint in Tehsil/Revenue Court. They also threatened to eliminate him. While saying all these, appellants Madan and Kamal caught hold both the hands of Kishanlal and threw him near the wall, thereafter assaulted him by lathi. Sampatbai, wife of deceased Kishanlal (PW-2) cried for help. She and her daughter Premlata (PW-1) tried to save deceased but both were assaulted by lathi. Umraobai (PW-3) was assaulted by the deceased accused Jalu @ Jalamsingh when she tried to rescue the deceased. Babulal (PW-7) after hearing the cry reached over there and he was also assaulted by accused persons. When Ramsingh (PW-8) and Premsingh (PW-9) arrived, appellants fled away. The deceased fell unconscious and died on the way to police station. Premlata (PW-1), Sampatbai, Umraobai, Babulal, Premsingh alongwith village Chowkidar Anarsingh reached at the police station at 4.00 a.m. and lodged the report (Ex.P-1) which was recorded by SHO (PW-12) Nandlal. The injured persons were sent for medical examination and treatment. Their medical reports are Ex.P-24 to P-28. After preparation of inquest report (Ex.P-11) dead body of Kishanlal was sent to hospital and postmortem was conducted by Dr. A.S. Rana (PW-13) who issued postmortem report (Ex.P-29). Investigating Officer prepared spot map (Ex.P-2) and also effected seizure of blood stained earth, controller earth, pieces of sticks vide Ex.P-3 from the spot. Through seizure memo (Ex.P-4) pieces of bangles, pieces of glass of watch and roof tiles were seized. Patvari Govindram (PW-6) prepared the spot map (Ex.P-10). After arrest, on disclosure statement of the accused persons lathis were seized and seized articles were sent with covering letter (Ex.P-23) to FSL, Sagar. Dr. Rana also gave report (Ex.P-30) after examination of lathis seized from the accused persons. On completion of the investigation charge sheet was filed before the learned JMFC, Sanwer against the appellants and deceased accused Jalu @ Jalam and juvenile accused Jeevan was produced and charge sheeted before the juvenile Court as directed by the trial Court because he was found below 16 years of age. During the course of trial, accused Jalu @ Jalamsingh died, therefore, case against him was closed. The appellants denied the charges and pleaded innocence. They examined three witnesses in defence whereas prosecution examined 15 witnesses and adduced 31 documents in evidence. The trial Court found the appellants guilty, convicted them as aforenoted. Before the High Court the stand taken was to the exercise of the right of private defence. It was pointed out that the deceased and prosecution witnesses were aggressors. In any event, when the appellants had assaulted, then in right of private defence they are entitled to get the benefit of exception in terms of Sections 96 and 97 IPC. The High Court turned down the stand and upheld the conviction.;