KALLU @ PREMNATH Vs. STATE OF C.G.

JUDGEMENT

(1.) Heard.

(2.) The appellant has been convicted for committing murder of deceased- Jayant John by causing two piercing abdominal injuries at about 23:30 hours on 08.06.200

(3.) The undisputed facts, as appearing from the material available on the record, are that the appellant and the deceased are neighbours. The deceased had a small cycle repairing shop with his residence in the rear portion. On the date of the incident, the deceased had his dinner at 23:30 hours and had gone to his shop, where he used to retire in the night. At about 24:00 hours, the deceased knocked the door of his house, which was opened by PW-7 Sulochana, mother of the deceased. The deceased was bleeding and holding his abdomen; he stated that the appellant was creating ruckus near the shop and when he was trying to convince the appellant, he became annoyed and inflicted injuries on him by means of piped knife (Gupti). The omentum (intestine) was oozing out from the wound. The deceased was immediately shifted to Maharani Hospital at Jagdalpur, where he was operated by PW-9 Dr. Vivek Joshi. The deceased eventually died on 27.06.2002 on account of septic shock with septicaemia due to abdominal injury - peritoneum, as opined by Dr. R.B.P. Gupta (PW-3), who performed the postmortem examination and has proved the postmortem report- Ex.P/2. The FIR was lodged by PW-6 Dhanmati Bai, wife of the deceased.