PRAKASH Vs. STATE OF MADHYA PRADESH
LAWS(SC)-2006-12-41
SUPREME COURT OF INDIA (FROM: MADHYA PRADESH)
Decided on December 01,2006

PRAKASH Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents





Cited Judgements :-

RAMDEO KAHAR VS. STATE OF BIHAR [LAWS(SC)-2008-12-159] [REFERRED TO]
BHAGWATI VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2016-3-108] [REFERRED TO]
KEI INDUSTRIES LIMITED VS. RAMAN KWATRA [LAWS(DLH)-2022-5-310] [REFERRED TO]


JUDGEMENT

- (1.)Appellant herein has questioned a judgment of conviction and sentence dated 25.03.2005 passed by the High Court of Madhya Pradesh, Indore Bench, Indore in Criminal Appeal No.157 of 1997, wherein Appellant was found guilty for commission of an offence punishable under Section 304 Part-I read with Section 34 of the Indian Penal Code, 1860 (IPC) and sentenced to suffer rigorous imprisonment for eight years. The High Court by reason of the said judgment, however, set aside the conviction and sentence of Appellant under Section 302 read with Section 34 IPC.
(2.)The incident in question took place on 30.10.1991. At about 01.00 p.m. Badrilal, co-accused, Appellant and Ramprasad (deceased), quarreled on account of damage to the crops by cattles. Allegedly, Badrilal was assaulted by Ramprasad. On the same day at about 05.30 p.m. the deceased was going to the market. When he came near a gate known as 'badi phatak', Appellant together with the said Badrilal and Dinesh chased him with lathis. They were asked not to do so by the witnesses. Despite the same, they did not desist from so doing. Appellant gave him a lathi blow on his leg. Badrilal assaulted him on the parietal region of the deceased. Thereafter, the accused persons along with four others ran away from the spot.
(3.)Ramprasad was removed to the Primary Health Centre. He was examined by Dr. K.K. Sharma (PW-17). He thereafter succumbed to the injuries, whereupon post-mortem on his dead body was conducted by Dr. Ravinder Choudhry (PW11). Death was opined to have occurred on account of multiple fractures of parietal bone of the deceased.


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