- (1.) We heard Ms. Kumud Lata Das, earned advocate in extenso. This is a case of concurrent findings on facts that appellant Virender had inflicted the stab injuries on the deceased Lallu. The testimony of the three eyewitnesses was believed by the trial Court and the High Court.
(2.) Learned counsel made an endeavour to bring the case within the ambit of Exception 4 of section 300 of the Indian Penal Code. Apparently the facts will not help because the appellant had armed himself with a lethal weapon whereas the deceased was unarmed. In such a situation, when the armed offender took undue advantage of that weapon against an unarmed person he cannot get the benefit of Exception 4. Learned counsel made an alternative attempt to show that the injury which the appellant inflicted on the deceased was not really intended by him though the said injury was sufficient to cause death in the ordinary course of nature. But on that aspect also the evidence in this case would not help the appellant. We. therefore, dismiss this appeal.;