NARAYAN Vs. STATE OF M P

JUDGEMENT

(1.) This is an appeal by an accused challenging his conviction under section 302, I.P.C. and sentence of imprisonment for life inflicted there under.

(2.) It was not disputed that on 30.5.1986 at a trijunction of roads called BARAM BABA KA TIGADDA in village Khamaria, Police-Station Kumhari, District Darnoh, a quarrel had taken place between deceased Halka and appellant Narayan. The time then was day time around 2.30 p.m. During the course of that quarrel appellant Narayan inflicted a knife blow on the deceased..

(3.) The prosecution case was that on account of previous enmity between the deceased and the appellant, the appellant stopped the deceased while the latter was at BARAM BABA KA TIGADDA and was going to his own house. The appellant also took out a knife and inflicted knife blows on the deceased. One Ganga (P.W. 2) tried to intervene but he was pushed and tripped on the ground by the appellant. The appellant then fled away from the scene. Deceased Halka died at the spot. The post mortem examination (Ex. P11) revealed that the deceased had sustained a contusion 3 x 1/2" on the left side of his face, another contusion 1-112 x 1/2" on the right side of his face with fracture of the right mandible bone, each mosis in the eye and an incised injury 1_112" x , 1/2" x cavity deep on the left side of chest at the level of nipple. On dissection of the body below the said incised injury, it was found that the wound had gon@ deep into the left ventricle of the heart and measured 11/2" x 1/2". The fifth rib was also found cut and large amount of clotted blood was present in the pericaralal cavity. The death was due to injury to the heart.