PAPPU Vs. STATE OF MADHYA PRADESH
LAWS(SC)-2006-7-105
SUPREME COURT OF INDIA (FROM: MADHYA PRADESH)
Decided on July 11,2006

PAPPU Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents


Cited Judgements :-

AMARJEET SINH VS. AMARJEET SINH ALIAS HAPPY [LAWS(J&K)-2007-8-1] [REFERRED TO]
RAMSA VS. STATE OF M P [LAWS(MPH)-2008-1-63] [REFERRED TO]
RAMJI JIRANGA PAWAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2007-4-87] [REFERRED TO]
MADHUKAR NARAYAN KOTAMBE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2009-3-28] [REFERRED TO]
BALUBHAI PARSHURAMBHAI BHIL VS. STATE OF GUJARAT [LAWS(GJH)-2012-9-193] [REFERRED TO]
BALUBHAI PARSHURAMBHAI BHIL VS. STATE OF GUJARAT [LAWS(GJH)-2012-9-221] [REFERRED TO]
JADEJA RADHUSINH @ MADHUJI RAJUBHA VS. STATE OF GUJARAT [LAWS(GJH)-2013-7-504] [REFERRED TO]
STATE OF GUJARAT VS. LAKHANI DINMAMAD SAFIYA [LAWS(GJH)-2013-7-508] [REFERRED TO]
SANKAR DIWAL WADU VS. STATE OF MAHARASTRA [LAWS(SC)-2007-3-146] [REFERRED TO]
DARSHAN SINGH VS. STATE [LAWS(DLH)-2013-12-146] [REFERRED TO]
JAYARAJ VS. STATE OF KERALA [LAWS(KER)-2014-1-42] [REFERRED TO]
ALLAUDDIN VS. STATE [LAWS(DLH)-2014-4-178] [REFERRED TO]
MANJEET SINGH VS. STATE [LAWS(DLH)-2014-3-269] [REFERRED TO]
RAMASHRAYA YADAV VS. STATE OF U P [LAWS(ALL)-2015-7-39] [REFERRED TO]
GURMUKH SINGH VS. STATE OF HARYANA [LAWS(SC)-2009-8-48] [REFERRED TO]
ARUN RAJ VS. UNION OF INDIA [LAWS(SC)-2010-5-67] [REFERRED TO]
RAJ KUMAR PRASAD TAMARKAR VS. STATE OF BIHAR [LAWS(SC)-2007-1-4] [REFERRED TO]
SHANKAR DIWAL WADU VS. STATE OF MAHARASHTRA [LAWS(SC)-2007-3-18] [REFERRED TO]
SURENDRA VS. STATE OF MAHARASHTRA [LAWS(SC)-2006-8-85] [REFERRED TO]
VADLA CHANDRAIAH VS. STATE OF ANDHRA PRADESH [LAWS(SC)-2006-12-100] [REFERRED TO]
SHAIKH AMJAD SK. ASAD VS. STATE OF MAHARASHTRA [LAWS(BOM)-2012-10-108] [REFERRED TO]
STATE OF ORISSA VS. KHAGA @ KHAGESWAR NAIK [LAWS(SC)-2013-8-52] [REFERRED TO]
Kailash VS. State of M.P. [LAWS(MPH)-2006-9-84] [REFERRED TO]
JAGDISH NAYAK VS. THE STATE OF JHARKHAND [LAWS(JHAR)-2014-7-104] [REFERRED TO]
VINODBHAI POPATBHAI SATALIYA VS. STATE OF GUJARAT [LAWS(GJH)-2013-12-285] [REFERRED TO]
KANAKSINH RUPSINH VS. STATE OF GUJARAT [LAWS(GJH)-2013-9-121] [REFERRED TO]
SHERSINH SHERNATH OGHAD, AADESHRAM NARESHSINH GURU VS. STATE OF GUJARAT [LAWS(GJH)-2014-7-202] [REFERRED TO]
RAM ASREY SINGH AND ORS. VS. STATE OF U.P. [LAWS(ALL)-2015-8-126] [REFERRED TO]
VINOD VS. STATE [LAWS(DLH)-2016-2-36] [REFERRED TO]
JAISON VS. STATE OF KERALA [LAWS(KER)-2016-1-67] [REFERRED TO]
MUTHU VS. STATE [LAWS(SC)-2007-11-8] [REFERRED TO]
BANGARU VENKATA RAO VS. STATE OF ANDHRA PRADESH [LAWS(SC)-2008-8-42] [REFERRED TO]
EBADAT MONDAL VS. STATE OF WEST BENGAL [LAWS(CAL)-2011-1-44] [REFERRED TO]
BAIRA ALIAS BHIMNATH SINGH VS. STATE OF WEST BENGAL [LAWS(CAL)-2011-5-139] [REFERRED]
VIRENDRA SINGH S/O SRI KAMAL SINGH THAKUR VS. STATE OF U.P. [LAWS(ALL)-2013-1-63] [REFERRED TO]
CHENDA @ CHANDA RAM VS. STATE OF CHHATISGARH [LAWS(SC)-2013-8-68] [REFERRED TO]
TAYYAB VS. STATE NCT OF DELHI [LAWS(DLH)-2013-11-137] [REFERRED TO]
NARESH KUMAR VS. STATE [LAWS(DLH)-2013-12-125] [REFERRED TO]
NARENDER VS. STATE [LAWS(DLH)-2014-1-228] [REFERRED TO]
ASHOK KUMAR VS. STATE [LAWS(DLH)-2014-1-287] [REFERRED TO]
SHER SINGH @ SHERU VS. STATE [LAWS(DLH)-2014-1-352] [REFERRED TO]
TANAJI DATTU BAJBALKAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2016-4-141] [REFERRED]
BASIULLAH VS. STATE [LAWS(DLH)-2016-5-221] [REFERRED TO]
SATISH KUMAR VS. STATE [LAWS(DLH)-2016-5-323] [REFERRED TO]
ABUL KASIM @ KAJAL VS. THE STATE OF ASSAM [LAWS(GAU)-2010-12-43] [REFERRED TO]
CHHOTE LAL BIND; SHYAM BIHARI & ANOTHER VS. STATE OF U P [LAWS(ALL)-2015-8-342] [REFERRED]
SHIV BODHAN VS. STATE OF U P [LAWS(ALL)-2015-9-345] [REFERRED]
SAYARA VS. STATE OF U P [LAWS(ALL)-2015-9-363] [REFERRED]
RAM BABU VS. STATE [LAWS(ALL)-2015-9-369] [REFERRED]
PRAHLAD VS. STATE OF U P [LAWS(ALL)-2015-9-391] [REFERRED]
KUTTAPPAN VS. STATE OF KERALA [LAWS(KER)-2015-12-302] [REFERRED]
BHAGWATI PRASAD SHARMA VS. STATE OF M P [LAWS(MPH)-2012-7-271] [REFERRED]
SABAI @ SAMAILAL VS. STATE OF M P [LAWS(MPH)-2016-8-100] [REFERRED]
VACHANGAR AND ANR VS. STATE OF RAJASTHAN [LAWS(RAJ)-2011-8-253] [REFERRED]
GULAB SINGH VS. STATE OF HARYANA [LAWS(P&H)-2012-11-276] [REFERRED]
MANJOOR AND OTHERS VS. STATE OF U.P. [LAWS(ALL)-2017-8-1] [REFERRED TO]
ANIL @ RAJESH VS. STATE [LAWS(DLH)-2017-11-27] [REFERRED TO]
BIDESHI MANDAL VS. STATE OF ASSAM [LAWS(GAU)-2017-7-26] [REFERRED TO]
MUKESH @ MUKKU VS. STATE [LAWS(DLH)-2017-12-68] [REFERRED TO]
PINTU ALIAS VINOD SINGH VS. STATE OF M P [LAWS(MPH)-2017-12-120] [REFERRED TO]
BABU @ MONOTOSH GAYEN VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2017-7-211] [REFERRED TO]
ANIL VS. STATE [LAWS(ALL)-2017-11-301] [REFERRED TO]
CHANDRA PRAKASH @ PRAKASH VS. STATE OF U.P. [LAWS(ALL)-2017-10-318] [REFERRED TO]
NANDLAL VS. THE STATE OF MAHARASHTRA [LAWS(SC)-2019-3-100] [REFERRED TO]
RAM PAL VS. STATE OF HARYANA [LAWS(P&H)-2019-5-41] [REFERRED TO]
SURESH VS. STATE OF U P [LAWS(ALL)-2019-4-288] [REFERRED TO]
CHANDRESH YADAV @ CHANDA VS. STATE OF U.P. [LAWS(ALL)-2020-1-193] [REFERRED TO]
RAM CHARAN AND OTHERS VS. STATE OF U.P. [LAWS(ALL)-2020-4-10] [REFERRED TO]
SONU JAIN VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2021-4-9] [REFERRED TO]
POORAN LAL JANGHEL VS. STATE OF CHHATTISGARH [LAWS(CHH)-2021-1-124] [REFERRED TO]
MARUTI NATHYABO GOPHANE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2022-2-2] [REFERRED TO]
JARAR OSAMAN VANDHA VS. STATE OF GUJARAT [LAWS(GJH)-2021-12-1297] [REFERRED TO]
RADHAKANTA HATI VS. STATE OF ODISHA [LAWS(ORI)-2022-4-86] [REFERRED TO]


JUDGEMENT

Arijit Pasayat, J. - (1.)Leave granted.
(2.)Challenge in this appeal is to the correctness of judgment rendered by a Division Bench of the Madhya Pradesh High Court, Indore Bench. By the impugned judgment conviction of the appellant for offence punishable under Section 302 of Indian Penal Code, 1860 (in short IPC) and sentence of RI for life and fine of Rs.500/- imposed by the trial Court were maintained.
(3.)Background facts in a nutshell are as follows: On 26.5.2004 in village Teki marriage function of the daughter of one Rama was going on. In the said marriage function, Rama invited complainant Madhu Singh (PW-2) and his family members. In the afternoon between 3 to 4 p.m. father and mother of the complainant i.e. Mal Singh (hereinafter referred to as the deceased) and Sajjan Bai, went to the house of Rama for taking meals. At that time the complainant Madhu Singh was sitting and taking his meal and his father was going to another room for taking meal. At that juncture accused Bondar, his son accused Pappu i.e. the present appellant and Munna reached there, abused Mal Singh and asked him as to who had invited him. There was exchange of hot words and altercations took place. Suddenly, appellant Pappu dealt a lathi blow on the left side of the head of the deceased Mal Singh. Accused Munna also caused injury on left shoulder and left hand of Mal Singh. Because of blow by lathi, Mal Singh fell down on the ground. At that moment Madhu, Ban Singh and Sajjan Bai witnesses rushed to save deceased Mal Singh. The deceased fell down unconscious because of the injuries. The appellant and other accused persons threatened the complainant and others and fled away from the scene of the occurrence. The incident was witnessed by Ban Singh (PW-5), Sajjan Bai (PW-3), Madhu (PW-2) and Kamlabai. PW-2 lodged the report (Exhibit P-2) on the same day in the night about 8 p.m. at Police Station, Baag. His report, (Exhibit P-2), was recorded by Inspector K.C. Pathak (PW-7). On the basis of the report Crime No.90/04 under Sections 307 and 294/34, IPC was registered. Injured Mal Singh was sent for medical examination to Primary Health Centre, Baag, where he was attended by Dr. H.S. Muvel (PW-6). Dr. Muvel found only three external injuries on the person of the deceased vide his medical report (Exhibit P-12). Injured Mal Singh was immediately referred by letter, Exhibit P-13, for further treatment to District Hospital, Barwani because at that time he was in coma. Further investigation was done by S.P. Singh Sisodiya (PW-10), and the Station House Officer. He prepared spot map, (Exhibit P-3) and effected seizure of Terricot Kurta, Dhoti and Shawl from the house of the deceased Mal Singh. The injured died in the District Hospital, Barwani on 27.5.2004. Intimation to this effect was sent to the police. Thereafter, the police prepared inquest report and sent the deceased for post-mortem examination. Post-mortem was performed by Dr. Deepak Mayeriya (PW - 9). On completion of investigation, the charge-sheet was filed indicating commission of offences punishable under Sections 302, 294/34 and 506(2)/34 of the IPC against the appellant and other accused persons.
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