Beg, J. - (1.) The sole appellant Ram Kumar Pandey aged 45 years, was tried together with Suresh Kumar, aged 20 years, and Mulkraj aged 45 years and Ramesh Kumar, aged 17 years, on two charges framed against him. These were:"Firstly; That you on or about the 23rd day of March 1970 at Raipur, did an act, to wit, hit Uttam Singh with a knife with such intention or knowledge and under such circumstances, that if by that act, you had caused the death of Uttam Singh you would have been guilty of murder and that you caused grievous hurt to Uttam Singh by the said act and that you thereby committed an offence punishable under Section 307 I.P.C. and; Secondly:That at the said time and place, you or some other persons did commit murder by intentionally or knowingly causing the death of Harbinder Singh and the said act was done in furtherance of the common intention of all and thereby committed an offence punishable under Section 302 read with Section 34 of the Indian Penal Code and within the cognizance of the Court of Session".
(2.) Suresh Kumar, Mulkraj, and Ramesh Kumar, were accused of offences punishable under Sections 307/114 and Section 302 read with Sections 34 and 114 Indian Penal Code. The Sessions Judge of Raipur, who had tried the case. found Suresh Kumar guilty of the murder by stabbing of Harbinder Singh, aged about 16 years, and sentenced him to life imprisonment. He convicted the appellant under Section 324 I. P. C. Only for the injury inflicted on Uttam Singh and sentenced him to one year's rigorous imprisonment, but acquitted him of other charges. He also acquitted the accused Ramesh and Mulkraj of all charges levelled against them.
(3.) The State of Madhya Pradesh appealed against the acquittal of the appellant Ram Kumar Pandey of the charge under Section 302/34 I.P.C., and of Mulkraj and Ramesh Kumar of all charges. Suresh Kumar the son of Mulkraj, appealed against his conviction under Section 302, simpliciter, but this appeal was dismissed by the High Court which maintained his life imprisonment. The High Court also allowed the State's appeal against the acquittal of Ram Kumar Pandey for injuries caused to Harbinder Singh, and, convicting him under S. 302/34 I. P. C.. it sentenced him to life imprisonment. It convicted Mulkraj of an offence punishable only under Section 323 I. P. C. and sentenced him to a fine of Rs. 200/-. And in default of payment of fine, to rigorous imprisonment for two months. It upheld the acquittal of Ramesh Kumar Ahuja of all charges.;