( 1. ) THE judgment in Criminal Appeal No. 1215 of 1984 shall also govern the disposal of Criminal Appeal No. 1191 of 1984, Nabbu @ narbad vs. State of M. P. , since both the appeals arise out of the judgment dated 1-10-1984 by the Fourth A. S. J. , Jabalpur in Sessions Trial No. 124 of 1984. The appellants in above appeals are Om Prakash and Nabbu @ Narbad, respectively. Both have been convicted under section 302 read with section 34, Indian Penal code and sentenced to undergo R. I. for life. Furthermore, both have been convicted under sections 294 and 506-11, Indian Penal Code and each has been sentenced to undergo two months and six months R. I. , respectively, with a direction that the sentences shall be concurrent.

( 2. ) BESIDES these two appellants, one Santosh @ Santosh Kumar, was also tried in the said trial, but he has been acquitted of the charge under section 304/34, Indian Penal Code though convicted under sections 294/506 and 506-11, indian Penal Code and also sentenced to undergo two months and six months r. I. respectively. It seems that there is no appeal preferred by him.

( 3. ) ACCORDING to the prosecution, on 25-12-1983, Pohumal Sindhi (deceased) along with his son P. W. 2 Shhchand, and Munna and Anand Kumar, respectively, driver and conductor of Pohumals truck MBR 8769, came from madan Mahal to Ghamapur at about 10 p. m. The truck was parked by Pohumal by the side of the road and the three cycles kept in the truck were being shifted. All the three accused, who were seated on a a scooter CPK 6439, finding the truck on the road protested as to why the vehicle was kept there. It seems that there was some exchange of hot words between the three accused namely, Nabbu @ Narbad, Om Prakash and Santosh Kumar on the one hand, and Pohumal (deceased) on the other. At that stage, the accused gave threats and went away. Meanwhile, Pohumal brought his truck near his house. It is further alleged, that after a short interval the accused came to that place and the appellants Nabbu and Om Prakash, armed with knives, jointly assaulted Pohumal, who fell unconscious. During that assault, Santosh Kumar did not participate, but stood at some distance. The injured Pohumal was rushed for medical aid to the Victoria hospital, Jabalpur, but he succumbed to the injuries. P. W. 2 Shrichand lost no time in filing the F. I. R. (Ex. P-4) on the same night, at 10. 40 p. m. at P S. Ghamapur, Jabalpur. P. W. 6 Shri Parihar, Investigating Officer, visited the place of incident and samples of blood stained earth were taken from the place of incident, besides a blood-stained knife which was found lying at that place. The witnesses P. W. 2 Shrichand, P. W. 3 Raju, P. W. 4 Baldeo, Munna and Anand kumar were interrogated the same night. A site plan was also prepared by Shri Parihar.

( 4. ) THE further allegations are, that the accused were arrested on 27-12-1983, and on basis of discovery-statement by appellant Nabbu, blood-stained pant and baniyan (Articles I and H) which were hidden in the house of one Jagdish Kumar, were recovered at his instance. Similarly, a knife (Article D) was also seized from his house pusuant to discovery statement made by him. During investigations, the scooter belonging to the appellant Om Prakash was seized by the police along with the driving licence. The knife and blood-stained articles were sent for chemical examination, and according to the report of the Chemical Examiner, they were stained with blood, though there does not appear any Serologists report.

( 5. ) DURING investigations, the accused were subjected to test identification parade also, which was held before P. W. 5 Markam, Naib Tahsildar and executive Magistrate. They are said to have been indentified by all the witnesses.

( 6. ) THE autopsy was performed by P. W. I Dr. Sakalley on 26-12-1983 who found as follows : external INJURIES

" (i) One incised wound which was horizontal and was situated on right side of the chest and was showing tailing on t