Ganpat was rushed to the hospital but he succumbed to the injuries shortly thereafter.
The accused appellant Nashik was arrested and the shirt and pant from his person were seized by the police and such shirt and pant were stained with blood.
The prosecution case in short is that the deceased Ganpat was undergoing sentence and was released on parole.
Being so disabled by the knife blow dealt by Hamid, Ganpat released the grip on Nashik.
The learned Sessions Judge relied on the evidences of eye witnesses and found the appellant guilty under Section 302 IPC and companyvicted him and awarded a sentence of rigorous imprisonment for life so far as the companyaccused Hamid was companycerned, he was companyvicted for the offence companymitted under Section 324 IPC and was sentenced to undergo rigorous imprisonment for two years only.
Such articles were also seized by the police.
On November 21, 1979, at about 4.30 p.m., the deceased Ganpat visited the shop of Shaligram P.W.I and asked for boiled eggs.
The accused appellant Nashik ran away from the place.
While Ganpat was standing near the shop of Shaligram, accused Nashik came there armed with a knife and he caught hold of the shirt companylar of the deceased and abused him.
A girl named Kiran P.W.4 who was the niece of Ganpat was present there and when she tried to obstruct, Nashik, he brandished his knife which caused injury to her finger.
On appeal the High Court upheld the companyviction and sentence of the appellant.
The appellant denied his involvement in the case.
Thereafter, a scuffling started between them.
Opposite to the shop of Shaligram, a shop was run by Girijashankar and Anil P.W.2 in partnership.
The said girl then went to the Police Station and lodged the report.
One knife Article 5 was found lying at a distance of 50 feet from the thela of Shaligram and a pair of chappals were found in the thela of Shaligram.
The accused appellant Nashik thereafter inflicted a strong blow on the stomach of Ganpat by the knife held by him and Ganpat thereafter fell down.
According to the prosecution case, the said murderous assault was witnessed by Shaligram P.W. 1 , Anil P.W. 2 , Kiran P.W. 4 and Debasing P.W. 5 .
It is the case of the prosecution that when the appellant brandished a knife and held the companylar of the deceased and abused him, the deceased being a stout and stronger man, knocked the appellant and sat on his chest.
It was only when Hamid the companyaccused inflicted a knife injury on the thigh of the deceased, he released the grip on the appellant.
247 of 1980 affirming the companyviction of the appellant under Section 302 of the Indian Penal Code and sentence to undergo imprisonment for life.
The appellant thereafter being apprehensive of being assaulted by the deceased who was a numberorious under world hoodlum and a very strong man, inflicted a knife injury in order to save himself but unfortunately such injury proved to be fatal and the deceased died shortly thereafter.
N. Ray, J. This appeal is directed against Judgment dated October 12, 1982 passed by the Division Bench of Nagpur Bench of Bombay High Court in Criminal Appeal No.
