B V DANNY MAO Vs. STATE OF NAGALAND

JUDGEMENT

(1.) This appeal has been preferred by the convict B.V.Danny Mao. He stood trial of the charge under S.302, I.P.C. in the Court of the learned Additional District Magistrate, Kohima, Nagaland. At the close of the trial and on scanning the evidence on record the learned Trial Court found the appellant guilty under S.304, I.P.C. for causing the death of Nzanbemo Lotha and convicted him under the aforesaid provisions of law and sentenced him to undergo rigorous imprisonment for 5 years. The learned Trial Court found sufficient evidence to prove that Nzanbemo died from the knife stabbing injuries caused in a scuffle between Danny Mao and Nzanbemo. Against the aforesaid conviction and sentence this appeal has been preferred by the appellant Danny Mao.

(2.) I have heard Mr. Charugopal Singh, learned counsel for the appellant and Mr. D.K. Mishra, learned Public Prosecutor for the State of Nagaland at length. Before taking up for consideration the rival contentions of the learned counsel of the parties it would be appropriate to take up the prosecution case.

(3.) The prosecution case in brief is that Nzanbemo (deceased) purchased one umbrella on 19-7-79 from appellant Danny Mao at Rs. 75/-, but as it was found defective he met the appellant in the office on 21-7-79 and requested him to change the umbrella or to return Rs. 50/-. The appellant told turn to go to his residence. On the same day i.e. on 21-7-79 at about 3.30 P.M. Nzanbemo went to the house of the appellant when he, Wosemo Lotha (P.W. 13), Rikhyo Lotha (P.W. 7) and another had been playing carrom in his house. There was a heated argument between the two over the sale of umbrella. Soon thereafter a scuffle started between the deceased and the appellant in presence of three other friends who were playing carrom in the house of the appellant at that time. In course of scuffle the appellant assaulted the deceased with a sharp weapon (knife) and he sustained serious injuries. Thereafter Nzanbemo was taken to Naga Hospital Kohima for treatment. He lodged an FIR while in the hospital to the O/C Kohima North Police Station to the effect that when he asked the appellant to return his money back or change the defective umbrella which he purchased from the appellant on 19th July, 1979, the appellant refused and challenged him with a knife, stabbed him from the back side and fled away. This FIR was lodged on the same day i.e. on 21-7-79 at about 6.35 p.m. However, when injured Nzabemo was under treatment in the hospital he succumbed to his injuries on 30-7-79 at about 7.30 a.m.