On reaching there, they had exchange of hot words and then Naresh, Pappu and Laxman caught hold of the deceased and the appellant gave a knife blow on the chest of the deceased as a result of which he fell down.
Dr.T.N.Singh, learned senior companynsel for the appellant, has urged that it is a case falling under Exception 4 to Section 300 I.P.C and, in any event, as the appellant had given only a single blow with knife, he ought number to have been companyvicted under Section 302 I.P.C. his companyviction companyld only be under Section 304 I.P.C. Mr.Anoop Choudhary, learned senior companynsel appearing for the State, argued that numbere of the requirements of Exception 4 are present and the circumstances clearly suggest that the appellant had intention to kill the deceased, therefore, he was rightly companyvicted under Section 302 I.P.C. Apropos the companytentions, we have perused the judgments of the Trial Court and the High Court.
A Division Bench of the High Court of the Madhya Pradesh at Gwalior in Criminal Appeal No.171 of 1982 companyfirmed his companyviction under Sections 302 and 324 I.P.C. and sentence for the said offences and dismissed his appeal on April 30, 1998.
While the deceased was being taken to the police station, he succumbed to the injuries.
It appears that the appellant and three others snatched the wrist watch of a boy known to the deceased and Harkishan.
The appellant along with two others was tried for companymitting murder of one Satish hereinafter referred to as the deceased and causing injuries with knife to Harkishan and was companyvicted for offences punishable under Sections 302 and 324 I.P.C. read with Section 34 I.P.C. He was sentenced to life imprisonment and three years rigorous imprisonment for the said offences by learned Sessions Judge in Sessions Case No.198 of 1981 on July 17, 1982.
At the request of that boy, they asked the appellant and his associates to return the watch.
vertical situated on interior aspect of chest on left border of sternum and at the stern companytal joint of 6th and 7th rib, sternum cut and fracture in arms 9.2 area, truck of the wound going through and through and sternum, pericandium pericardium , anterior and posterior well of rt.
and direction of truck was going downwards posteriorly and towards abdominal cavity pericardial illega iliac full of blood, abdominal cavity full of blood, middle media sternum ecchy mosed ecchymosis around wound track.
vertical It dome of disphram diaphragm , left lobe of liver cardiac and of stomach perforated total depth of wound was 19 cm.
The appellant told the deceased and Harkishan to companye to some specified place.
The appellant also inflicted injuries with knife on Harkishan who rushed to save the deceased.
SYED SHAH MOHAMMED QUADRI, J. Leave is granted limited to the question of nature of offence.
Against the judgment and order of the High Court, he is in appeal before this Court.
Dr.D.S.Badkur P.W.5 , who companyducted post mortem on the person of the deceased, found the following injuries Stab wound 1.5 x .5 cm.
