LAWS(MPH)-1992-11-46

NARAYAN PRASAD Vs. STATE OF M.P.

Decided On November 17, 1992
NARAYAN PRASAD Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) APPELLANT Narayan Prasad challenges his conviction under Section 302 I.P.C. and sentence of imprisonment for life inflicted there under.

(2.) THE case of the prosecution in brief was that on 7.6.1983, at about 6.30 p.m., deceased Hari Shankar was passing through Sarafa Market in the town of Sironj, when the appellant Narayan Prasad suddenly appeared and dealt a blow by a pair of scissors (Khapcha), used for cutting of biri -leaves, on the deceased, resulting in two parallel 'injuries on the chest of the deceased. The deceased died shortly afterwards of the injuries. The appellant fled away soon after the incident. The cause of the incident was previous enmity between the parties.

(3.) BEFORE embarking upon the controversy as to what offence was really committed, it may be proper to notice the injuries which were sustained by the deceased. Dr. Suresh Jain (P.W. 2) had performed autopsy on the deceased and had found two parallel stab wounds on the chest of the deceased as follows: