JUDGMENT

K.G. Balakrishnan, J.-Appellant Addha, son of Rooplal, was tried by the First Additional Court of Sessions, Mandla [Madhya Pradesh], along with four others, for the offence punishable under Section 302 read with Section 149 IPC. The Sessions Court held that there was no unlawful assembly as alleged by the prosecution and the appellant was found guilty of the offence punishable under Section 302 for having caused the death of one Sher Singh. Two other accused, namely, Rooplal and Buddhulal were found guilty of the offence punishable under Section 324 IPC. The conviction and sentence of the accused were confirmed by the High Court.

2. The incident in question took place on 19.7.1986 at about 9.00 PM. PW-1 Jugal Kishore, along with PW-3 Mishridas, was returning from the nearby flourmill and they saw accused Buddhulal in a wordy altercation with PW-4, Pancham. Jugal Kishore intervened and tried to dissuade them from quarreling. At that time, Buddhulal s father Rooplal came there and took his son to his house. But on reaching their house, Buddhulal and Rooplal started hurling abusive words at PW-1, Jugal Kishore. On hearing this, deceased Sher Singh, PW-2 Gulab and some others p