DEEPAK Vs. STATE OF UTTAR PRADESH (NOW UTTARAKHAND)

JUDGEMENT

(1.) The Appellant assails the reversal of his acquittal, and consequent conviction under Section 302 I.P.C. sentencing him to life imprisonment.

(2.) On 27.08.1993 at about 8.30 a.m., irked by the loud noise of the tape recorder being played by the deceased in his house, the Appellant had a verbal altercation with the deceased which culminated in a single sword blow by the Appellant in the rib cage area of the deceased.

(3.) The M.L.C. of the injured was done at 8.45 a.m. by PW.8 Dr. S.K. Prabhakar who found an incised wound of 2 1/2 cm x 2 cm. The injured was deceased the same day. The post mortem was done the same day at 3.30 p.m. by PW5 Dr. P.K. Bhatnagar, who found "Punctured wound 2 cm x 1 cm x cavity deep just above upper border of the left lower rib on lateral side of chest 9 cm away from umbilicus at 2 O'clock position with surgical dressing".