STATE OF MADHYA PRADESH Vs. KARNI

JUDGEMENT

(1.) The State of Madhya Pradesh has come up in this appeal under Section 378 of the Code of Criminal Procedure after obtaining leave to file appeal assailing the impugned judgment of acquittal dated 4.12.1990 passed by the learned IV Additional Sessions Judge, Morena (Shri B.G.Yadav) in Sessions Trial No.187 of 1989 acquitting the respondent no.1/accused Pramod from the offences punishable under Section 302 and 323 read with Section 34 of IPC, however, convicting him under Section 304 Part II and 307 of Indian Penal Code and sentencing him to undergo Seven years RI and Five years RI respectively and further acquitting respondent no.2/accused Karni from offence punishable under Section 302/34 and 307/34 of IPC even so convicting him under Section 323 of IPC and sentencing him to undergo Six months RI.

(2.) It is pertinent to mention here that during pendency of this appeal, respondent no.1/accused Pramod has already been expired. Hence, this appeal stands abated as against him.

(3.) The admitted facts of the case are that on the night of incident, due to marriage of daughter of complainant Kishanlal, the passage in front of his house was crowded and due to that when accused Pramod alias Pappu tried to pass through there, he abused the complainant and his relatives filthily and as a result of which, a fight took place there and injured Lajjaram suffered knife injuries.