ABDUL MAJID S/O MUKEEMUDDIN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is an appeal by the accused-appellant Abdul Majid, who has been convicted by the Sessions Judge, Bhopal, under Section 302 of the Indian Penal Code for committing the murder of Murshad on 16-14962 in mohalla Ibrahimganj, Bhopal by strikng him once with a spear in the stomach and sentenced to imprisonment for life.

(2.) THE prosecution case is that on 16-1-1962, at about 7. 30 a. m. , there was a quarrel between the accused-appellant and the deceased over the flowing of drain water into a gravevard. The graveyard was adjacent to the house of the accused appellant, and a drain carrying the dirty household water from his house flowed into the graveyard. The deceased, who was a 'fakir', objected to it; while the accused-appellant resented his intervention. During the course of the quarrel, the accused-appellant, feeling piqued, went home, brought out a spear and stabbed the deceased with it once in the stomach. The deceased succumbed to his injuries,

(3.) THE post-mortem examination of the dead body or Murshad (the deceased) was performed by Dr. Sitaram Agarwal (P. W. 12 ). He found 'an incised penetrating wound, obliquely placed at the junction of the umbilical region and the left lumber region; dried blood stains over the abdomen and left thigh, and that through the wound loops small intestines were prolapsing'. In his opinion, the injury was antemortem, and the cause of death was shock and haemorrhage due to it.