DEEPAK Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has been found guilty of the charge of murder and sentenced to undergo life imprisonment, by the Addl. Judge, Barwani, vide judgement dt. 20-3-1986, passed in Sessions Trial No. 170 of 1984.

(2.) It was on the weekly market day in a crowded market street, in the Sub-Divisional Head Quarter of Barwani that the appellant is said to have stabbed the deceased Rajendra in his neck with a knife, having 8" blade, resulting in cutting of carotid artery. Rajendra succumbed to his injury within minutes of his admission to the hospital. Condition of Rajendra, as noted by Dr. C.S. Gangrade (PW. 7) as per his report, Ex. P/7 was as follow :

(3.) At 17.15 hrs. a telegraphic information was received at police station that stabbing had taken place in the street joining water-tank with Ranjeet-Chowk. Station, House Officer with the police party immediately rushed to the spot.- The injure was lying in a precarious condition. Mohammad Hussain (PW. 10),with a view to prevent flow of blood, had pressed the wound with a piece of cloth. He accompanied the injured on a Thela (hand-cart) in the same position. Having arranged for the injured being sent to the hospital, the Station Officer went in search of the accused. He also instructed Mohammad Hussain (PW. 10) to come to the police station after getting the injured, admitted to the hospital, for lodging a report. Accordingly, the first-information report, Ex. P/9, was lodged. Mohammad Hussain (PW. 10) has turned hostile, denying having lodged any such report although he admitted his signature on the F.I.R., Ex. P/9.