CHIPPA ALIAS SURESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In Sessions Trial No. 10 of 1981, Sessions Judge, Hoshangabad, by his judgment dated 30-3-1981 convicted the appellant for an offence under Section 302 I.P.C. and sentenced him to imprisonment for life. This appeal is against that conviction and sentence. The appellant being unrepresented, counsel was provided to him by the Registry.

(2.) Deceased Sanjay Kumar is the son of Deendayal (P.W.l). The deceased used to run a canteen and cycle-stand in the premises of Mahavir talkies, Hoshangabad. One Mangu is the elder brother of appellant Chippa. This Mangu was employed in the canteen of deceased Sanjay Kumar. It is said that Sanjay Kumar had removed Mangu from service a week or so before this incident. In the afternoon of 2-9-1980 the appellant and his. brother Mangu had quarreled with deceased Sanjay Kumar at the Mahavir talkies on payment of wages due to Mangu. Deceased Sanjay Kumar had told them that the payment of the wages could be made only when his elder brother, who had maintained the accounts, comes to the shop. The appellant, however, insisted for immediate payment. It is said that appellant. Chippa had left with a threat to deceased Sanjay Kumar.

(3.) On the same day, deceased Sanjav Kumar along with his father Deendayal (P.W.l) left the canteen after the interval of the second show was over, for their house. When deceased Sanjay and his father Deendayal had approached near Morchhali Chouk, the appellant whipped out a knife and stabbed Sanjay Kumar in his stomach. Thereafter the appellant fled away.