VIKRAM NAIR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By this appeal, the appellant has challenged the legality and propriety of the judgment of conviction and order of sentence dated 31.3.1989 passed by the Additional Sessions Judge, Baikunthpur, District Surguja, in Sessions Case No.40/88 whereby & whereunder learned Additional Sessions Judge after holding the appellant guilty for the commission of offence of murder punishable under Section 302 of the Indian Penal Code sentenced him to undergo imprisonment for life.

(2.) Judgment & order are challenged on the ground that the Court below has not considered the right of private defence of the person and evidence adduced on behalf of the prosecution and thereby committed illegality.

(3.) Case of the prosecution in brief is that the present appellant is distant relative of the deceased V.S.Vijay Kumar. The present appellant went to the shop of Tapan Chakravarti (PW-5) on 14.9.1987 at about 4 p.m. situated at Ghutari, Tahsil Baikunthpur. The deceased also went to the shop of Tapan Chakravarti. Both were started quarreling and assaulting to each other by hands. Tapan Chakravarti (PW-5) hoisted both the persons and went to other place. After half an hour when he came back, he came to know that the present appellant has assaulted the deceased by scissors of his shop and as a result of such injury, the deceased V.S.Vijay Kumar died. He was shifted to the hospital by Ashok Singh (PW-2) and Badru Jama Khan. He was admitted in hospital vide Indoor Patient Case Record Ex.P/9. Dr.Vijay Shankar Sharma (PW-13) has examined the deceased and found following injuries over the body of the injured V.S.Vijay Kumar: