RAMPRASAD Vs. STATE OF M P

JUDGEMENT

(1.) - The judgment in this appeal shall also dispose of Criminal Appeals Nos. 262 of 1960, 263 of 1960 and 301 of 1960.

(2.) THE accused Puran, Sunderlal, Damru, Ramprasad and Balmukund were committed to the Court of Session to stand their trial for being members of an unlawful assembly, the common object of which was, to. commit the murder of one Hasmatmal Sindhi of Jabalpur, which murder was, in fact, committed by Puran by stabbing the deceased in the chest with a knife on the night of 12th October 1959 at about 9 P. M., at Madar Tekri. THE accused Puran was charged under section 302 as also under section 148 of the Indian Penal Code. THE accused Sunderlal was charged under section 302 read with section 149 and also under section 148 ibid. THE remaining three accused Damru, Ramprasad and Balmukund, were charged under section 302 read with section 149 and also under section 147 ibid. THE Additional Sessions Judge, Jabalpur, by his judgment, dated 12th April 1960, convicted the accused Puran of culpable homicide in respect of the death of Hasmatmal under part two of section 304 of the Indian Penal Code and sentenced him to rigorous imprisonment for a period of seven years. He also held him guilty under section 148 ibid and sentenced him to rigorous imprisonment for a period of three years. THE accused Sunderlal and Damru were convicted under section 323 of the Indian Penal Code and sentenced to rigorous imprisonment for a period of one year each. THE accused Sunderlal was also convicted under section 148 of the Indian Penal Code and sentenced to rigorous imprisonment for a period of two years; while the accused Damru was convicted under section 147 of the Indian Penal Code and sentenced to rigorous imprisonment for a period of one year. THE accused Ramprasad was convicted under sections 323 and 147 of the Indian Penal Code and sentenced to rigorous imprisonment for a period of six months on each count. All these sentences were to run concurrently. THE accused Balmukund was convicted only under section 147 of the Indian Penal Code and sentenced to pay a fine of Rs. 200 or, in default of payment of the fine, to undergo rigorous imprisonment for a period of one month.