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 Vijay and challenged them. The accused Prem Chand assaulted Vijay by sword and the appellant Ramaotar assaulted him by lathi. Thereafter all the accused persons started assaulting Vijay and Ashok. On hearing the cries, mother of Vijay and Ashok, namely Vimlabai (deceased) came out of house. The appellant Ramaotar then assaulted Vimlabai by lathi. Vimlabai was thereafter dragged by other accused persons Kanhaiya and Mahesh to a distance of 100 feet, and she was assaulted by the said accused persons. Thereafter, the accused persons left the place: Vimlabai succumbed to the injuries caused to her. Ashok thereafter lodged the First Information Report of the said incident at the Police Station, Palasia at about 12 midnight namely within half an hour of the incident. After investigation, the accused persons were arrested and sent for trial. The accused persons denied the offences alleged to have been committed by them. The learned Additional Sessions Judge, Indore inter alia came to the finding that theinjuries suffered .by the deceased Vimlabai had been inflicted by the accused persons who had no right of self defence.

2. The learned Additional Sessions Judge convicted all the accused persons under S.302 read with S. 149, IPC. He also convicted the accused Prem Chand under S. 148, IPC and the other accused persons under S. 147, IPC. The learned Additional Sessions Judge ordered that all the accused persons should undergo life imprisonment under S. 302 read with S. 149, IPC and the accused Prem Chand was to undergo rigorous imprisonment of 2 years under S. 148 and the rest to undergo rigorous imprisonment of 1 and 1/2 years under S. 147, IPC and the sentences would run concurrently. Against such conviction and sentence passed by the learned Additional Sessions Judge, Indore, the accused persons preferred several appeals before Indore Bench of the Madhya Pradesh High Court. The appeal preferred by the present appellant Ramaotar was numbered as Criminal Appeal No. 334 of 1980. The said appeal was heard along with other appeals preferred by the other accused persons namely Criminal Appeals Nos. 303 of 1980, 305 of 1980 and 335 of 1980 and all the said appeals were disposed of by common judgment passed by the Division Bench of the Madhya Pradesh High Court at Indore. The High Court convicted the appellant Ramaotar under S. 302, IPC for causing the death of Vimlabai and sentenced him to imprisonment for life. The convictions of other accused persons under S. 302/ 149, IPC were set aside by the High Court. The High Court however convicted all the accused persons excepting Ramaotar under S. 325 read with S. 149, IPC and sentenced to rigorous imprisonment for the period undergone by them. The High Court inter alia came to the finding that from the testimony of Ashok,