- (1.) THE accused appeals. CHANDRAVAN Yadav, the appellant in the above appeal was charged and tried under Section 302 of the Indian Penal Code, on the allegation that he caused stab injury on Dwarika Rajbhat, leading to his death. The trial court, finding him guilty, as charged, sentenced him to imprisonment for life. Hence, the present appeal.
(2.) THE case of the prosecution can be briefly summarized as follows : PW -6, Parbati Devi, is the wife of the deceased Dwarika Rajbhat. The deceased was working as a driver under one Awadhesh Yadav, one of the owners of Kiln at Azamgarh. He left his house for duty on 23.11,1993 and returned home and later, left the house at 7.15 p.m. and did not return home. It is the further case of the prosecution that the deceased was friendly towards the appellant and they used to call each other as brother -in -law. The deceased went to the house of the appellant and was seen quarreling with him. There was exchange of words between them. At that time, the deceased kicked the appellant and came out of the house. This angered the appellant. He lost his tamper, followed the deceased with a knife and stabbed him. The deceased fell down. It was witnessed by PW -1, Parwati Devi, wife of Sarjan Manjhi, and PW -3, Etwari Manjhi. In the meantime, PW -6 gave a complaint, mentioning that her husband did not return home, expressing her suspicion against Awadhesh Yadav, as there was some ill feelings between the deceased and Awadhesh Yadav. Investigation in the crime was taken up. After the completion of inquest, the officer sent the dead body to the hospital for the purpose of autopsy.
(3.) ON receipt of the requisition, PW -10, Dr. Shailendra Kumar, conducted autopsy on the dead body and he found the following Injuries: (1) Incised wound 3 1/2 " x 3/4 " x trachea deep on the front of the neck at the level laryngeal cartilage. (2) A stab wound, each measuring 1" x 1/4 " x cavity deep on the right side of neck extending from the nipple to the right lumber region in an area of 9"x 6", one of which were on the chest region and one was on the right lumber region. (3) Two stab wounds 1/4" apart measuring 1" x1/4" and 3/4 " x 1/2 ", both cavity deep were found on the body of the sternum at the level of 3rd rib. (4) Stab wound -2 1/2 " x 3/4 " cavity deep on the upper front of chest on left side in 2nd inter costals space just lateral to sterum. (5) Stab wound - 1" x 1/3 " x cavity deep on the left side of chest in front of I" below to medial at left nipple. (6) Incised wound - 1"x 1/4 "x muscle deep on the left angle of mouth. (7) Incised wound - 1/2" x 1/4" x bone deep on the palmer surface of left middle finger on the top phalanx. (8) Stab wound - 1" x 1/2 " x cavity deep on the front of abdomen in middle 1 1/2 " below xyphi sternum. The doctor issued Ext.5, post mortem certificate, with his opinion that death is on account of the injuries on external vital organs. ;