HIRALAL Vs. STATE OF M.P.

JUDGEMENT

(1.) APPELLANT Hiralal the sole accused in this case has been convicted under section 302 of Indian Penal Code and sentenced to imprisonment for life by 5th Additional Judge to the Court of Session Judge, Bhopal vide impugned judgment dated 6 -5 -1991, for causing the murder of one Prashant Kapoor, the deceased in the case. Appellant has been found guilty of causing a fatal head injury on the deceased by means of a sword at 19.30 hours on 10 -1 -1989 in the Mangalwara Chawni area of Bhopal town.

(2.) BRIEFLY stated the facts giving rise to this appeal are as under: Prashant Kapoor (since deceased) a young man of 25 years was initially a resident of Mangalwara, Chawni Area Bhopal town. About 2 -3 years before the date of incident, he had shifted his residence to T.T. Nagar of Bhopal but because of his acquaintance he continued visiting his friends particularly Parvez (P.W. 3) at Mangalwara, Chawni area. Appellant and his brother Ramlal are also resident of Mangalwara, Chawni area of Bhopal. It is not out of place to mention that Mangalwara is an extremely busy commercial area of Bhopal and for the purposes of public convenience, only one way traffic is permitted by the Authorities. A day before the date of incident Prashant Kapoor and Ramlal who were friends, for some reason quarreled with each other near the Pan shop of Sanjay S/o of Gangaram (P.W. 4) but due to intervention by Parvez (P.W. 3) and 2 -3 other persons both were pacified.

(3.) ON 10 -1 -1989 Prashant Kapoor had gone to meet Parvez (P.W. 3) who also runs a shop of sanitary fittings near the place of incident and spent sometime with him. At about 7.00 p.m. Parvez (P.W. 3) requested Prashant Kapoor to purchase Pan from the Pan shop and that he would meet him there after closing his shop. Near the Pan shop of Sanjay s/o Gangaram (P.W. 4), appellant suddenly came with a sword and assaulted Prashant Kapoor on his head resulting in profuse bleeding. Appellant gave another blow on Prashant Kapoor and caused an injury on the right scapular region. Thereafter he ran away.