NARSINGH Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against the judgment dated 6th March, 1986 rendered by the. 2nd Additional Sessions Judge, Mandleshwar in S.T. No. 42/83, thereby convicting the appellant under Section 302, I.P.C. and sentencing him to suffer imprisonment for life.

(2.) The prosecution story, in brief, was that on 4.10.1982 at 6-00 P.M. deceased Ramesh stood in the village chouk when the appellant Narsingh came there and demanded to know from him as to why he had abused his brother yesterday and threatened to kill him. The after, he inflicted injuries on Ramesh by means of the knife. The incident was witnessed by Tayabali (P.W. 6) and Ram Bliarose (not examined in this case). Accompanied by his brother Narayanan (P.W. 2) deceased Ramesh came to police station, Sanawad and lodged the report Exh. P110 on the basis of which a crime under section 307, I.P.C. was registered. Ramesh was medically examined by Dr. P.K. Pasine (P.W. 4. The injury report marked in this case is Exh. P/3. Spot map Exh. P/6 was prepared. The weapon of assault, knife, was seized pursuant on formation and submitted for chemical examination. The report of the chemical examination is Exh. P/15. Certain clothes belonging to 8the deceased were also seized on 14.10.1982 vide/seizure memo Exh. P/4. The autopsy was conducted by Dr. G.S. Mittal (P.W. 7). The post-mortem report is Exh. P/7. After usual investigations, charge-sheet was filed in the court. The appellant was charged under Section 302, I.P.C. to which he pleaded not guilty. On trial, he was convicted and sentenced as above.

(3.) We have heard Shri R.K. Trivedi learned counsel for the appellant and Shri G.S. Chouhan learned Dy. OA for the State/respondent and have perused the record.