GYANOO ALIAS GYANRAO Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT Gyanoo alias Gyanrao has been convicted under section 302 Indian Penal Code and sentenced to life imprisonment for tile murder of Chetram. At about 7 p. m. on 2 -1 -1980 Chetram had gone to case himself when the incident happened near the house Of Sarjerao (P.W. 13) and, Mira (P.W. 15). Chetram was inflicted one blow with a Bichhua in the chest causing deep internal injury. Chetram raised an alarm and died a little later on reaching near a flour mill which was nearby. Sarjerao (P.W. 13) and Laxman Singh (P.W. 14) had also gone to ease themselves and were near the scene of occurrence. They saw the assault on Chetram by the appellant Gyanoo alias Gyanrao and also saw the appellant running away after inflicting the fatal blow to Chetram. Mira (P.W. 15) whose house was nearby, on hearing the alarm raised by Chetram, saw Chetram's assailant running away and identified him to be the appellant Gyanroa alias Gyanrao.

(2.) THE postmortem on the dead body of Chetram was conducted by Dr. Jawaharlal Agrawal (P. W. 1). The injury inflicted with a Bichhua in the chest of Chetram had cut the pleura and some other vital organs in the thoracic region and was sufficient in the ordinary course of nature to cause death. The offence made out is, therefore, clearly that of murder in view of the circumstances in which the blow was inflicted with a Bichhua in the chest of Chetram catching him unaware when he had gone to ease himself. The question is only of the identity of the Chetram's assailant.

(3.) CONSEQUENTLY , the appeal fails and is dismissed. Appeal dismissed