DAYAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant-Dayal has preferred these criminal appeals challenging the correctness of the common judgment rendered by the High Court of Madhya Pradesh, at Jabalpur in Criminal Appeal Nos. 1044/77 and 272/78 dismissing the earlier one and allowing the latter appeal; both arising out of the same incident. The facts of the case briefly stated are as follows :

(2.) The defence case is that when the appellant took strong objection to the conduct of Bhikam for supplying liquor to his brother Bhura, the deceased threw a challenge saying that the appellant could do whatever he could do which resulted in exchange of gross insult by words. It was only under such piquant and provocative situation, the appellant (who had already become imbalanced with a broken heart on seeing the dead body of his brother, Bhura who suddenly passed away due to the consumption of liquor, administered by Bhikam) on being deprived of self-control by grave and sudden provocation, took a knife which was lying nearby and stabbed Bhikam. According to the prosecution, the other two acquitted accused also attacked the deceased.

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