LAXMAN PRASAD LACHHU Vs. STATE BF M P

JUDGEMENT

(1.) This judgment shall also dispose of Criminal Appeal No. 70 1/83 (State of M.P. v. Laxman Prasad Lachhu) as both the appeals have arisen out of the same judgment.

(2.) The appeal, filed by the appellant, is directed against the judgment, order of conviction and sentence, dated 1-2-83, passed by learned Sessions Judge, Damoh, in Sessions Trial No. 69/82, whereby he has been convicted and sentenced to undergo 5 years R.I. and a fine of Rs. 1500/- (in default of payment to undergo RI. for 1 year) under section 304, Part I, I.P.C. The State of M.P. has also come up in appeal, being Criminal Appeal No. 701/ 83, State v. Laxman Prasad Lachchhu, against his acquittal under section 302, I.P.C.

(3.) The appellant was tried for the murder of one Mukundilal under section 302, I.P.C. The incident is said to have happened on 22-6-82 at about 10-00 p.m. in the night. The appellant had returned after attending a marriage at a nearby village Hindoria and he had gone to the deceased to demand repayment of his loan (of Rs. 10,500/-). The deceased at that time was lying on a stone- slab in front of his house. Eye-witness Santosh (P.W. 1), Kasturchand (P.W. 2), Smt. Tarabai (P.W.7) and Ganpat (P.W. 8) were also around there, being immediate neighbours. The deceased refused to pay back. Exchange of hot words, coupled with free trading of abuses followed between the appellant and the deceased. This went on for about 20-25 minutes. Enlarged the appellant took out a Katar (knife) from his pocket and gave one knife-blow to the deceased which struck him in the abdomen. The appellant ran away with the Katar. Immediately, deceased's son Santosh (P.W. 1) went to the Police Station and lodged the F.I.R. at 23-10 p.m., vide Ex. P. 1. The same night investigating officer town Inspector Shri P.L. Ahirwar (P.W. 14) recorded the dying declaration of the deceased, vide Ex. P. 5, in the presence of Ramesh Chandra (P. W.6), wherein the deceased stated that he was stabbed by the appellant. The deceased succumbed to the injuries the same night at 1-40 a.m. in the hospital. The appellant has admitted to have stabbed the deceased, but in self- defence.