- (1.)The appellant along with his lady friend, Jyoti was charged under sections 302 and 307 IPC read with section 34 IPC for having committed the murder of one Ramkaran Mishra and also for inflicting injuries on one Narendra Kumar, PW2 on 26.6.1995 between 8.30 p. m. and 10 p. m. at Indore. Learned additional sessions judge, Indore found the said Jyoti not guilty of the offence alleged against her hence acquitted her, while the appellant was found guilty of the offence under section 302 IPC hence sentenced him to undergo imprisonment for life for having committed the murder of said ramkaran Mishra. He also found the appellant guilty for the offence under section 307 IPC and sentenced him rigorous imprisonment for 7 years for having caused injuries with the intention to cause death of Narendra Kumar, PW2.
(2.)The appellant's appeal before the High court of Madhya Pradesh having failed he is before us in this appeal by leave. However, it should be noticed that on 18.9.2001 leave was granted limited to the question of nature of the offence only.
(3.)The prosecution case briefly is that on 26th of June, 1995, the appellant and his lady friend, Jyoti had gone to the Hotel dhariwal at Sikh Mohalla, Indore for having their dinner. At that time it is stated that the appellant had consumed alcohol. There an unintended quarrel between the appellant on one hand and narendra Kumar, PW2 and Ramkaran mishra, the deceased on the other started in regard to the preference in service of food to them. Consequent of which the prosecution alleges that the appellant whipped out a knife stabbed on PW2 on the left scapular region causing bleeding injury. Subsequently, he stabbed ramkaran Mishra in his upper arm, chest as well as his abdomen and consequent to which Ramkaran Mishra dropped dead. PW7 who examined PW2 found an incised wound 3 and 4 cms. on left scapular region and in the deceased, PW8 who conducted the post mortem, inter alia, found the following injuries.
"3.One cut wound on the left upper portion of the arm below the elbow on the bottom of the size of 5x2, 5x3 cm4. One inserted wound in the chest from the front portion at 4 cm. from the nipple and on the upper portion oblique of 3 x 1.5 cm. size. Its upper edge was narrow and was spread over of 0. 5 cm. on the lower portion. The lower edge of it was comparatively wide and was lacerated with bluish colour. Whereas other edges of this wound were in clearly cut position. This injury has been sustained in the large artery in the portion of the chest on the outer side and was deep in the cavern upto the inner side of the chest. In the large artery the size of this wound was 0. 5 x 0. 3 cm. In both the caverns blood was filled, which on the left side was upto 500 ml. And in the right side upto 250 ml. , out of which there was some clots of blood. The whole depth of this wound was 8.5 cm. and this injury was oblique injury from outer side to the inner side. 5. One inserted wound on the left side 16 cm. below the exela on the lower bottom in the midst in oblique condition of the size of 3 x 8 cm. was present. The upper portion of this was narrow and outer portion of this was comparatively wider. The wider edge was bluish colour and was lacerated. The edges of this wound were appeared to be clearly cut. This injury was sustained in the abdomen in the left side and has crossed the lever, and in the lever the size of this injury was 1.8 x 0. 8 cm. which by going inner side had become narrower. In the abdomen cavern 50 ml. blood was present, out of which some were in the frozen clots of the blood.