MUKESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant along with his lady friend, Jyoti was charged under sections 302 and 307 IPC read with section 34 IPC for having committed the murder of one Ramkaran Mishra and also for inflicting injuries on one Narendra Kumar, PW2 on 26.6.1995 between 8.30 p. m. and 10 p. m. at Indore. Learned additional sessions judge, Indore found the said Jyoti not guilty of the offence alleged against her hence acquitted her, while the appellant was found guilty of the offence under section 302 IPC hence sentenced him to undergo imprisonment for life for having committed the murder of said ramkaran Mishra. He also found the appellant guilty for the offence under section 307 IPC and sentenced him rigorous imprisonment for 7 years for having caused injuries with the intention to cause death of Narendra Kumar, PW2.

(2.) The appellant's appeal before the High court of Madhya Pradesh having failed he is before us in this appeal by leave. However, it should be noticed that on 18.9.2001 leave was granted limited to the question of nature of the offence only.

(3.) The prosecution case briefly is that on 26th of June, 1995, the appellant and his lady friend, Jyoti had gone to the Hotel dhariwal at Sikh Mohalla, Indore for having their dinner. At that time it is stated that the appellant had consumed alcohol. There an unintended quarrel between the appellant on one hand and narendra Kumar, PW2 and Ramkaran mishra, the deceased on the other started in regard to the preference in service of food to them. Consequent of which the prosecution alleges that the appellant whipped out a knife stabbed on PW2 on the left scapular region causing bleeding injury. Subsequently, he stabbed ramkaran Mishra in his upper arm, chest as well as his abdomen and consequent to which Ramkaran Mishra dropped dead. PW7 who examined PW2 found an incised wound 3 and 4 cms. on left scapular region and in the deceased, PW8 who conducted the post mortem, inter alia, found the following injuries.