KEDAR PRASAD Vs. STATE OF M.P.

JUDGEMENT

(1.) CRIMINAL Appeal No. 734 of 1981 stands listed before us today. We were told by learned Counsel that the connected Criminal Appeal No. 106 of 1982 is also be decided therewith. We have called the file of Criminal Appeal No. 106 of 1982 and have taken it on board. Fortunately both the counsel represent the respective parties in these two appeals and the matter need not wait.

(2.) WE have heard learned Counsel for the appellant. His main prayer is that since the appellants are on bail, we may reduce the sentence of the appellants to the period already undergone. There are three appellants in these two appeals. In the dying declaration of the deceased specific roles have been assigned to the appellants. The deceased Alafat had been attracted by a commotion in the neighbourhood where. a woman was being beaten. The deceased asked the assailants not to beat that woman. Then malice was transferred to the deceased and the accused persons exhorted to each other to divert their attention to the deceased. The first blow was given by Kedar Prasad appellant with his stick which struck on the head of the deceased and another blow was given by Ramlal appellant with his spear striking at his knee and yet another one on his hand and thereafter the deceased says that he was given blow by others. By process of exclusion 12 out of 15 accused originally arraigned have been acquitted by the Courts below. Out of the remaining two appellants, namely, Kedar Prasad and Ramlal have been convicted under Sec. 304, Part I, I.P.C. and sentenced to rigorous imprisonment for five years. All the three appellants however have been convicted under section 323 of the Penal Code and sentenced to one year's rigorous imprisonment.