BRIJ PAL Vs. STATE

JUDGEMENT

(1.) The appellant has been convicted tor an offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life.

(2.) . At about 7.30 P.M. on 11th November, 1982, the deceased Ramesh was stabbed by the appellant after a sudden quarrel which had developed over a very trifle matter or demand of 0.5 paise. The appellant used to sell bananas on a rehri (cart) near "T" point on Mehrauli-Badarpur road. Ramesh took three bananas from the rehri and after eating them paid 0.60 paise to the appellant, who however, demanded five more paise. Ramesh refused to pay that amount and some hot words were exchanged between them. It appears that the appellant then picked up the knife which was meant to peel the bananas from his rehri and while Ramesh, deceased was about to leave, gave one knife blow on the left side of his chest. The injured was removed to Jai Parkash Narain .Hospital, where he was examined by Dr. Gogia, Public Witness -5. On the information received by Police Station Badarpur regarding Ramesh having been admitted in an injured condition, the case under Section 324 of the Indian Penal Code was registered.

(3.) . The injured was referred to the All India Institute of Medical Sciences for an operation as it was found that his lung as well as the heart had been cut. In that hospital. Dr. Sampat Kumar examined him at 8-40 P.M. on 11th November, 1982. Hefound3c.m. long wound located antetially on the left chest wall infraclavicula region. He straight-away transferred the petitioner to operation theatre as in his opinion, without operation his death was an "eventuality". The doctor's report is Ex. Public Witness -18/A. The 'operation was performed but was not successful. The patient died on 12th November, 1982 at 10 A.M. The case thus was altered into the offence for murder punishable under Section 302 of the Indian Penal Code.