PAPOO SINGH Vs. STATE OF M P

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 19.10.1994 passed by learned First Additional Sessions Judge, Shivpuri in Sessions Trial No. 22/92 convicting appellant under Section 302 IPC and sentencing him to suffer life imprisonment, this appeal has been filed by accused/appellant under Section 374(2) of the Code of Criminal Procedure.

(2.) In brief the case of prosecution is that on 11.10.1991 at 12.00 in the noon Karan S/o Dovaliya (hereinafter referred to as 'the deceased') was irrigating his field, at that juncture, appellant Pappu alias Bablu came behind him and dealt knife blow on the back of the deceased as well as on the elbow of both the hands. The deceased on account of receiving cut injuries fell down, at that juncture acquitted co-accused Shambhu Singh was also standing there carrying a gun and was instigating appellant to kill the deceased. Thereafter, Thakur Karan Singh and Shripat arrived at the spot, on seeing these two persons, accused persons ran away.

(3.) It is the further case of prosecution that in the evening at 5. 30, deceased who was alive at that juncture, along with his parents and Karan Singh Thakur went to lodge the report at police station Pohari.