BABUKHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal filed by the appellant is directed against the judgment dt.23-5-1984 passed by the Additional Sessions Judge, Dewas in S.T.No.55 of 1984, challenging his conviction for an offence under S.302, I.P.C. and the sentence of R.I. for life and a fine of Rs.5000/- (five thousand) awarded to him thereunder, in default further R.I. for two months.

(2.) The prosecution case at the trial may be stated, in brief, thus: P.W.2 Kailash is the nephew of deceased Harinarayan who was a mad person having lost his mental balance. On 25-1-1983 the appellant purchased Paan from the shop of Kailash (P.W.2) where the deceased Harinarayan came, had hot exchange of words which according to the appellant were insulting and thereafter the appellant took out a knife and pierced it into the chest of Harinarayan, who as a result of the injury sustained, died on the spot. The FIR Ex.P-3 was lodged by Kailash (P.W.2) at police station Sonkutch, the incident having taken place at Gandharwa Puri, of which the appellant as also the deceased are residents.

(3.) The autopsy on the dead body of Harinarayan was conducted by P.W.1 Dr. Pratap Vyas, who as per the report Ex. P 2 dt.26-1-83 found one stab wound on the chest, the duration being within 24 hours. The said stab wound was over left side 1/2 below the nipple, cut the heart at the appex which caused severe haemorrhage and thus in the opinion of the said doctor cause of death was as a result of the shock sustained by the deceased.