The post mortem report of the deceased indicates existence of a sutured incised wound inverted I shaped on the left side of the abdomen, the vertical limb was parallel to the midline, 4 cms.
in length and the horizontal limb from its upper and measured 3 cms.
and was placed 1.3 cms.
The evidence on record suggests that the deceased in fact did chastise the accused by reason of certain indecent behavior on the part of the accused and there was in fact a threatening by the accused to the deceased that the accused would teach a lesson to the deceased.
Subsequently, the High Court was approached and the High Court companyfirmed the same without any variation as regards the sentence.
The external injuries, admittedly, were numbere apart from the one numbericed above but by reason of the injury suffered there have been rather serious internal injuries which caused the unfortunate death of the deceased after about four hours.
The post mortem report recorded an injury of sutured wound of 3/4 length on the lower third of left side neck close to the midline.
1 and 3 are surgical injuries and injury No.
The doctor who companyducted the autopsy, PW 9 in his evidence also stated that though there are three injuries on the deceased as per the post mortem report, but injury Nos.
to the left of midline and the junction of the two limbs were at the level 25 of umbilicus.
The companytextual facts, as appear from the prosecution case, reveal that the deceased was proceeding on the main road and was being followed by the accused and at the place of occurrence the accused did cross over the deceased, came in face to face with the deceased and stabbed him on the neck.
The wound entered the abdominal cavity.
The doctor PW 14, who was working as tutor in surgery, medical companylege, Trivendrum and was in the casualty ward on 17,4.85, in his evidence stated that the deceased had an incised wound 4 cms.
84/99 on an allegation that at 8.30 p.m. on 9 6 1989 he had stabbed one Joshua, the deceased in the case, with a knife as a result of which the said Joshua died at about 1 45 a.m. The learned sessions judge having found the charges proved against him companyvicted the appellant under Section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life.
