MAHENDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal has been filed by appellant Mahendra alias Mishrigiri against his conviction under Section 302 of the Indian Penal Code and sentence of imprisonment for life passed by the Second Additional Sessions Judge, Indore, vide his judgment dated 25th May, 1972 in Sessions Trial No. 42 of 1972.

(2.) THE brief facts of the case as alleged by the prosecution are that on 18-11-1971 at about 10 or 10-30 p. m. deceased Govindram accompanied by Omprakash (P. W. 1) and Wamanrao (P. W. 2) went to Metro Hotel in Indore City for taking their dinner. On reaching the hotel, they were directed by the proprietor of the hotel, Saidas (P. W. 3), to go on the first floor as there was no room in the hall of the said hotel. Thereupon, all the three went upstairs and there they demanded dinner from Arjunsingh (P. W. 10), hotel-boy, who expressed his inability to supply food as the same was not available at that time. This led to exchange of hot words between Arjunsingh (P. W. 10) and the deceased. At that time, it is alleged, the accused, who was taking his meals in an adjacent cabin, intervened and started siding with the hotel-boy which led to a quarrel between him and the deceased. Apprehending some danger, deceased Govindram rushed down-stair and after going through the Galiyara in back of the staircase of the hotel and the Gali he came out on the main road, while the accused was chasing him with an open knife in his hand. Ultimately, the deceased ran towards the cross-road and after turning to the right when he reached in front of Jai Bharat Lodge he was caught by the accused who gave knife blows on his back, shoulder, head and chest as a result of which Govindram fell down dead on the spot. Munna (P. W. 4) and Annu ' (P. W. 5), who were standing on the rickshaws and towards the west of the Metro Hotel across the road, went to see as to what had happened and on their return they narrated the incident to Suresh (P. W. 13), who was also standing with them on the rikshawstand, and to Saidas (P. W. 3), proprietor of the hotel. Omprakash (P. W. 1) and Wamanrao (P. W. 2) also went to the spot and found the deceased lying dead. From there both these witnesses went to police-station Sanyogitaganj where Omprakash lodged the first information report (Ex. P-l) naming the accused as the assailant. Dr. R. V. Paliwal (P. W. 11), Chief Medical Officer, M. Y. Hospital, Indore, performed the post-mortem on the dead body of the deceased and found the following injuries on his person: (After describing the injuries, the Judgment proceeds.) In his opinion, all these injuries could have been caused by hard and sharp weapon like a knife within 24 hours of the examination. All the injuries, in the opinion of the Doctor, were ante mortem and the cause of death was due to internal haemorrhage and shock as a result of injury No. 1 on the chest to the heart and injury No. 1 was sufficient in the ordinary course of nature to cause death. On these allegations the accused was prosecuted and committed to stand his trial under Section 302 of the Indian Penal Code.

(3.) IN defence, the accused pleaded not guilty and denied having any connection with the alleged offence.