VIMAL SINGH Vs. KHUMAN SINGH

JUDGEMENT

(1.) Leave granted.

(2.) In brief the prosecution case was that on 2-4-87 at about 10 p.m., the deceased Vijay Singh was coming from Khalihan when accused Vimal Singh, the appellant herein, quarreled with him and was said to have given a knife blow to deceased Vijay Singh. Next morning while Vijay Singh deceased, Khuman Singh (PW-3) and Narayan Singh (PW-4) were going to the Police Station, Satpada in a bus for lodging the First Information Report in respect of the previous days' incident the appellant who was sitting on the bonnet of the bus got the bus stopped and threatened Vijay Singh not to lodge any report in respect of the previous days's incident. This led to a quarrel in the bus and in that process it is alleged that the appellant gave a knife blow to Vijay Singh, who died later on.

(3.) The First Information Report in respect of that incident was lodged at Vidisha by Khuman Singh. Post-mortem on the dead body of the deceased was performed by the doctor. Thereafter, the charge-sheet was submitted against the appellant under Section 302, IPC. The appellant pleaded not guilty and denied the charge. He also stated that he had not given him knife blow to Vijay Singh during the quarrel inside the bus. The prosecution in support of its case examined number of witnesses. The witnesses who were alleged to be present at the scene of occurrence are, Sumer Singh (PW-2), Khuman Singh (PW-3), own brother of the deceased, Narayan Singh (PW-4), own brother-in-law of the deceased, Shafi Mohd. (PW-10), the conductor of the bus and Nathu Ram (PW-13), the driver of the bus.