OM PRAKASH Vs. STATE OF M P
LAWS(MPH)-1989-6-4
HIGH COURT OF MADHYA PRADESH
Decided on June 03,1989

CM PRAKASH Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents


Referred Judgements :-

DAL SINGH V. STATE OF M.P. [REFFERRED TO 11.]
TARSEMLAL V. STATE OF PUNJAB [REFFERRED TO 9.]
RAM CHARAN V. STATE OF U.P. [REFFERRED TO 4.]
CHANDRAKANT KALYANDAS KAKODKAR VS. STATE OF MAHARASHTRA [REFFERRED TO]
STATE OF PUNJAB VS. SOHAN SINGH [REFFERRED TO 6.]
BALAK RAM MOHD SAYEED KHAN VS. STATE OF UTTAR PRADESH [REFFERRED TO 3.]
BADRI VS. STATE OF RAJASTHAN [REFFERRED TO 2.]
ISHWAR SINGH ILAM SINGH VS. STATE OF UTTAR PRADESH [REFFERRED TO 8.]
ARUNACHALAM VS. P S R SADHANANTHAM [REFFERRED TO 7.]
V AMBI VS. STATE OF KERALA [REFFERRED TO 10.]
GOPI SHANKER VS. STATE OF RAJASTHAN [REFFERRED TO 5.]


JUDGEMENT

V.B. uryavanshi, J. - (1.)The judgment in Criminal Appeal No. 1215 of 1984 shall also govern the disposal of Criminal Appeal No. 1191 of 1984 (Nabbu Narbad v. State of M.P.), since both the appeals arise out of the judgment dated 1/10/1984 by the Fourth A.S.I., Jabalpur in Sessions Trial No. 124 of 1984. The appellants in the above appeals are Om Prakash and Nabbu Narbad, respectively. Both have been convicted under Section 302 read with Section 34 of the Indian Penal Code, and sentenced to undergo R.I. for life. Furthermore, both have been convicted under Sections 294 and 506-11 of the Indian Penal Code, each has been sentenced to undergo two months and six months R.I., respectively, with a direction that the sentences shall be concurrent.
(2.)Besides these two appellants, one Santosh Santhosh Kumar, was also tried in the said irial, but he has been acquitted of the charge under Section 302/34 of the Indian Penal Code, though convicted under Sections 294/506 and 506-11 of the Indian Penal Code and also sentenced to undergo two months and six months R.I. respectively. It seems that there is no appeal preferred by him.
(3.)According to the prosecution, dated on 25/12/1983, Pohuman Sindhi (deceased) along with his son P.W. 2 Shrichand, and Munna and Anand Kumar, respectively, driver and conductor of Pohumals truck MBR 8769, came from Madan Mahal to Ghamapur at about 10 p.m. The truck was parked by Pohumal by the side of the road and the three cycles kept in the truck were being shifted. All the three accused, who were seated on a scooter CPK 6439, finding the truck on the road protested as to why vehicle was kept there. It seems that there was some exchange of hot words between the three accused namely, Nibbu Narbad, Om Prakash and Santosh Kumar on the one hand, and Pohumal (deceased) on the other. At that stage, the accused gave threats and went away. Meanwhile, Pohumal brought his truck near his house. It is further alleged, that after a short interval the accused came to that place and the appellants Nibbu and Om Prakash, armed with knives, jointly assaulted Pohumal, who fell unconscious. During that assault, Santosh Kumar did not participate, but stood at some distance. The injured Pohumal was rushed for medical aid to the Victoria Hospital, Jabalpur, but he succumbed to the injuries. P.W. 2 Shrichand lost no time in filing the F.I.R. (Ex. P-4) on the same night, at 10.40 p.m. at P.S. Ghamapur, Jabalpur. P.W. 6 Shri Parihar, Investigating Officer, visited the place of incident and samples of blood stained earth were taken from the place of incident, besides a blood-stained knife which was found lying at that place. The witness P.W.2 Shri chand, P.W.3 Raju P.W.4 Baldeo, Munna and Anand Kumar were interrogated the same night. A Site plan was also prepared by Shri Parihar.


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