JUDGMENT

G. N. RAY, J.:—This appeal is directed against the judgment passed by the Indore Bench of the Madhya Pradesh High Court in Criminal Appeal No. 334 of 1980 arising out of the conviction and sentence passed by the learned Additional Sessions Judge Indore in Sessions Trial 34 of 1980. The appellant along with Kailash, Premchand, Mahesh and Kanhaiya were committed to trial before the learned first Addl. Sessions Judge, Indore in Sessions Trial 34 of 1980 for offence punishable under S. 148 and S. 302 read with S. 149, IPC. The appellant. Ramaotar is the father of other accused. Prem Chand, Mahesh and Kanhaiya. The accused No. 2 Kailash however was not related to Ramaotar: The prosecution case in short is that on 7th November, 1979, at about 11-30 p.m. when Kamal Singh was not in the house, the appellant had thrown stones at the house of Kamal Singh. Ashok (P.W. 1) son of Kamal Singh, came out of the house and he was followed by the other son of Kamal Singh namely Vijay (P.W. 2). They saw the accused persons standing outside their house. The accused No. 3 Prem Chand was armed with sword and other accused persons had lathis with them. The said accused persons abused Ashok and Vi