NARAYAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

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

(2.) It was not disputed that on 30-5-86 at a trijunction of roads called Baram Baba Ka Tigadda, in village Khamria, police-station Kumbari, district Damoh, 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 postmortem examination (Ex. P. 11) revealed that the deceased had sustained a contusion 3" x 1/2" on the left side of his face, another contusion 1 1/2 x 1/2 on the right side of his face with fracture of the right mandible bone, ecchymosis in the eye and an incised injury 1 1/2" 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 gone deep into the left ventricle of the heart and measured 1 1/2" x 1/2" The fifth rib was also found cut and large amount of clotted blood was present in the pericardial cavity. The death was due to injury to the heart.