KAILASH MISTRI Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT Kailash Mistri stands convicted under Section 302, IPC with sentence of imprisonment for life vide impugned judgment dated 29-4-1991, passed by 1st Additional Sessions Judge, Chhindwara in Sessions Trial No. 58/1991.

(2.) APPELLANT Kailash Mistri has been found guilty of causing one external injury on the neck of his friend Sikru (since deceased) by means of a screw-driver, in a sudden quarrel between them in the night of 21-3-89 leading to his death the same day.

(3.) APPELLANT's conviction is founded on the solitary eye-witness account of Vinod (P. W. 10), who has categorically deposed that on the fateful night when appellant Kailash Mistri and deceased Sikru were cutting jokes at his shop, accused Kailash Mistri all of a sudden picked up a screw-driver lying in the shop and dealt one blow on the neck of Sikru and fled away. Injured Sikru succumbed to his injuries the same night.