MANAJAR ALLABUX Vs. STATE

JUDGEMENT

(1.) THE appellant Manjar son of Allabux of Jaora, a young man between 20 and 25 years of age, has been convicted under Section 302, I. P. C. for killing Munna musalman--a neighbour of his, by stabbing him five times with a knife on THE evening of 18-10-1957. Death itself followed after about 48 hours. He has been awarded for reasons given by the learned Sessions Judge, imprisonment for life. His brother Bhura Musalman was convicted under Section 323, I. P. C and sentenced to rigorous imprisonment for one year, but was acquitted of the charge under Section 302/34, I. P. C. He has not appealed. Otherwise simple, this case illustrates the tests for distinguishing between cases under Sections 302 and 304, i. P. C.

(2.) THE common ground is that on that evening, while Munna was sitting on a platform along with some other neighbours, the appellant Manjar went to him. They began to quarrel, Manjar charging him with making false claim of money and munna asserting for his part, that the claim was true and arose out of the dealings between them in buffaloes--the parties being butchers dealing in animals and meat. Certain neighbours who were with them and who are the witnesses to this quarrel and the subsequent events, separated them. Manjar went away for the time, apparently quiet, but came back, now with a knife in his hand and accompanied by his brother Bhura who was carrying a stick. As soon as he arrived where Munna and others were still sitting, he stabbed Munna with his knife on different parts of the body, causing, as already noted, five injuries. While four of them were comparatively less serious and did not go very deep, one of them, on the abdomen, was deep, and entering from the front went right through the pertonial cavity and ruptured the left kidney on its lower part. It also ruptured the colon, that is the larger intestine. Munna was removed to the hospital and after about 48 hours died as a result of the peritonitis, itself the consequence of the stab injury.

(3.) THE incident was proved by the eye-witnesses who are all neighbours and corroborated by the first information report which was given very shortly after the incident, it being the thana headquarter itself. This is all admitted and not challenged in appeal, But the point urged is that in view of the doctor's evidence, the case comes under Section 304 Part One, and therefore this Court should modify the conviction and reduce the sentence bearing also in mind the appellant's age. As against it, it has been urged that the case comes under Section 302, I. P. C. and as for the youth of the appellant, already he has been awarded the lesser penalty on this very ground, and there is no justification for further leniency.