DWARKAPRASAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dt. 6-12-1983 passed by the IVth Additional Sessions Judge, Indore in Sessions Trial No. 107 of 1983 convicting the appellant under S.304, Part I of the Penal Code and sentencing him to undergo rigorous imprisonment for 10 years.

(2.) According to the prosecution story in Feb., 1983 the appellant was an inmate in the C. I. Jail, Indore undergoing sentence of life imprisonment for the offence under S.302 of the I.P.C. The deceased Lotan was also undergoing sentence there and so was Hubbilal (P.W. 5). There was some altercation between the appellant and the deceased, on 20-2-1983. Thereupon the appellant had threatened him. On 21-2-1983 at about 7.00 a.m. the appellant dealt fire-wood blow on the head of Lotan. Hubbilal (P.W. 5) had intervened and in that process had sustained injury on his right hand at the hands of the appellant.

(3.) Dr. Kailash Lakhotiya (P.W. 20) had examined Lotan at 8.30 a.m. on 21-2-83 and had found that he was unconscious. He also found a contused lacerated wound 4'' X 1/2'' bone deep on the right parietal region.