While proceeding to the urinal, Durbals foot touched the bamboo sticks which had been spread by the accused.
The prosecution in order to establish that it was the appellant who had caused the injuries to Durbal, examined Radeylal, Jageshwar Singh, Nindma, Rai, Tilakram and Bagarsai as eye witnesses of the occurrence , and they have all deposed about their having seen the appellant giving knife blows to Durbal deceased.
The case for the prosecution is that the appellant was companyvicted on November 11, 1967 under Section 302 Indian Penal Code by the Additional Sessions Judge Durg and was sentenced to undergo imprisonment for life.
The appellant was undergoing during the days of the present occurrence the sentence of imprisonment in the Central Jail Raipur.
The occurrence was witnessed by Radheylal P.W. 4 , Jageshwar Singh P.W. 5 , Nindma P.W. 6 , Rai P.W. 9 , Tilakram P.W. 10 and Bagarsai P.W. 11 besides the other prisoners working in the niwar making shed.
Durbal died soon after the attack.
Durbal then ran away from the urinal, but was chased by the accused and was given a large number of knife blows.
When Durbal sat down to urinate, the accused attacked him with a knife.
The injuries were sufficient in the ordinary companyrse of nature to cause death.
Post mortem examination on the body of Durbal was performed by Dr. M.L. Sharma on the following day.
Alarm was raised and the jail authorities arrived at the spot.
Report about the occurrence was lodged by the Superintendent of the jail.
At the trial, the appellant made a clean breast of the matter and admitted that he had caused knife injuries to Durbal deceased in the circumstance alleged by the prosecution.
On January 31, 1972 at about 1.50 p.m., it is stated, Durbal deceased who too was undergoing sentence of imprisonment in the Central Jail Raipur went to the urinal in the niwar making shed of the jail.
The trial companyrt accepted the evidence of the eye witnesses as well as the plea of guilt of the accused appellant and accordingly companyvicted and sentenced him as above.
As many as eighteen stab wounds were found on the body of Durbal deceased.
On appeal and reference, the High Court affirmed the judgment of the trial companyrt.
Death, in the opinion of the doctor, was due to shock and haemorrhage as a result of multiple injuries to the vital organs like lungs, liver and spine.
The appellant, as mentioned earlier, also admits having caused the death of Durbal deceased by giving him knife blows.
Khanna, J. This is an appeal by special leave by Gyani Ayatu against the judgment of the High Court of Madhya Pradesh, affirming on appeal and reference the companyviction of the appellant under Section 303 Indian Penal Code and sentence of death.
