STATE OF MAHARASHTRA Vs. PRAKASH

JUDGEMENT

(1.) BY this appeal, the State challenges the acquittal of the respondent of the offence under Section 302 of the Indian Penal Code.

(2.) THE incident occurred on January 19, 1983. Prakash Bodhaji Askar (P. W. 1) heard a commotion at about 8-00 or 8-30 p. m. , while he was in his house in Dangari Ward at Hinganghat, and when he came out, he saw a quarrel going on between the respondent and Prakash, the deceased Narayan Ambatkar, Baben Ambatkar (P. W. 3 ). Bhaiyaji Chirkute and Suresh Chirkute. With the intervention of the persons of the locality, persons, who were engaged in the fight, were separated and Prakash Askar, Narayan Ambatkar and Baban Ambatkar come to the road near deceased Narayants house. At the instance of Narayan, they went for buying Pans, while Baban returned to his house. While Prakash Askar and Narayan were proceeding towards the Pan Stall near Shriram Talkies, Zitru (P. W. 2) joined them, and when they reached near Dangari Ward Bridge, the respondent-Prakash came from behind and questioned Narayan, why he had assaulted him, but Narayan said that the incident should he forgotten. However, on being challenged, Narayan took out his shirt and there was a scuffle in which the respondent whipped out a dagger and struck narayan with it on the left side of the chest. He then took out the dagger and ran towards Dangari Ward Bridge. While Narayan lay injured at the place, Prakash Askar and Zitru were returning to their houses and they met Baban on the way and informed Baban of the incident. They went with, Baban to that place. On seeing Narayants condition, Baban went to the Police Station nearby and lodged his report at about 9-35 p. m. The police arrived at the place and removed Narayan to the hospital.

(3.) DR. Kamble (P. W. 6), who examined Narayan at about 9-35 p. m. , found him to be dead. In the post-mortem examination, which was performed on the next day, he noticed a stab-wound on Narayants chest anteriorly on the 4th Intercostal space, 2 cms. below the left nipple and found internally a stab-wound over the right ventricle anteriorly 3 cms. above the heart. In his opinion, the cause of death was shock and haemorrhage due to the injury on the vital organ, i. e. the heart, and the injury was sufficient in the ordinary course of nature to cause death.