Decided on January 31,1967

Babu Alias Bulbul Appellant
STATE OF M.P. Respondents


S.B.SEN, J. - (1.) IN Choti Guwal Toli in Indore, near the Public Motor Stand there is a hotel known as New Bashir Alam Hotel. One Taslim, victim of this incident was an employee in the said concern. Babu alias Bulbul was also an employee there at the relevant time. As the hotel is in a busy locality, it is open from the very early morning.
(2.) ON 17 -7 -67, these two employees of the hotel had a quarrel amongst themselves, though not of a very serious type but was sufficient enough for the employer to ask Babu to remain out and keep Taslim in, possibly either for a shelter or to pacify the two heated young men. A few minutes later, say 15 or 20 minutes, Taslim went out only to receive a murderous attack with a knife by Babu not far away from the hotel. The cries of Taslim attracted P.W.1 Bashir and P.W.2 Timma. They saw Babu with a knife and Taslim with injury on his chest lying in a pool of blood just on the well. Bashir Ahmad, Timma and Girish Chandra who arrived there, some how over powered Babu and took him to the Police and got him arrested. In the mean time however, Taslim was taken in that condition to the hospital. F.I. Report was lodged at the Police Station. Police seized the knife, shoe and some wearing apparel. Taslim died on the way to the M.Y. Hospital.
(3.) DR . Mohandas P.W.4 made the postmortem examination and found a stab wound on the chest of Taslim. According to him Taslim died as a result of shock due to hemorrhage resulting from the injury on his person. According to him the injury was caused by sharp and pointed weapon and was sufficient in the ordinary course of nature to cause death.;

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