ASHOK MEHRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT has filed this appeal against the judgment dated 15. 10. 2004 passed by the Additional Sessions Judge, Gadarwara, District Narsinghpur in Sessions Trial No. 159/2001, convicting him under Section 302 of the Indian Penal Code and sentencing him to imprisonment for life with fine of Rs. 1,000/- with default stipulation.

(2.) THE prosecution case as unfolded by the first information report is that on 6. 6. 2001, complainant Devendra Singh, who was the conductor of Maa Narmada Bus, was going back on his passengers bus from Mehragaon to Gadarwara. Jai Raj Singh (deceased) was the driver of the bus. At about 2. 30 P. M. , they reached at bus stand Banvari. Ashok Mehra (accused) who had boarded the bus from Saikheda and had obtained three tickets, did not agree to pay Rs. 15/-for the said tickets and instead wanted to pay Rs. 3/only saying that he would pay only at concessional rate and alighted from the bus. Driver of the bus viz. Jai Raj Singh hearing the altercation reached there and asked the accused to pay the fare. Being annoyed, accused took out a knife from the pocket of his pants and suddenly inflicted a blow with it on the left side of his chest and ran away. Jai Raj Singh was taken to hospital, but he expired. First Information Report Ex. P1-C was lodged by Devendra Singh (PW6) at police station Gadarwara, whereupon a case under Section 302 of the Indian Penal Code was registered against the accused. The dead body of Jai Raj Singh was sent to Civil Hospital, Gadarwara for postmortem examination. PW-11 Dr. K. S. Rajput performed the postmortem examination of the body and vide his report Ex. P/17 found one incised wound on anterolateral aspect of the chest wall, situated at a distance of about 3 downwards and laterally from left nipple, measuring 11/2x 1/2 x pleural cavity deep. Wound was situated at the level of of fifth intercoastal space (left ). On probing direction of the wound was found transversely going towards heart. There were corresponding cuts over the clothings of the deceased. On internal examination he found his left lung pale and hemothorex. There was also an incised wound on pericardium on left side, corresponding to measurement of the external wound. Internal length of wound was 5-1/2. In the opinion of the doctor, the injury was antimortem and homidical in nature and was caused by sharp penetrating object. The cause of death was the shock resulted by the aforesaid stab injury on the chest.

(3.) AFTER the requisite investigation, the accused was arrested and charge sheet was filed before the Court of Magistrate. The case was then committed for trial.