TOTA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant is hereby challenging the correctness, propriety and legal ity of the conviction and sentence awarded to him by Third Additional Sessions Judge, Morena in the matter of S. T. No. 192/82. The appellant has been convicted for an offence punishable u/s. 302 of Indian Penal Code and has been sentenced to life imprisonment.

(2.) The incident, which is very short, started at about 10 p.m. or 12 midnight intervening 17-5 -1981 and 18-5-1981 when deceased Chunna, Harchand and Tota were singing songs. Tota started signing some obscene song which was not liked by Chunna who asked appellant Tota not to sing such a Song. Appellant did not pay any heed and continued singing the said song and chal lenged Chunna which provoked him.

(3.) Thereafter, there was a scuffle between those persons and it resulted in assault in which appel lant gave fist blows to Chunna. The prosecution case shows that Harchand separated them. But, the episode did not end there. Again between 12 midnight and 1 A.M. appellant Tota abused Chunna and gave a stick blow on the left flank of deceased Chunna. As the prosecution case indicates, the said stick blow caused contusions on the left flank of the chest of Chunna who died because of the rupture of the spleen which re sulted in internal haemorrhage and shock.