1978 INSC 0168
                                                Pappu Alias Baijnath

                                                           Vs

                                                     State of U. P.

                                        Criminal Appeal No. 218 of 1973

                                        (R. S. Sarkaria, P. S. Kailasam JJ)

                                                      21.07.1978

                                                     JUDGMENT

SARKARIA, J. -

1. The appellant Pappu alias Baijnath, Jagannath and others were tried by the Sessions Judge,
Gorakhpur on various charges related to the murder of Markandey Dhar Dubey.

2. The incident occurred in broad day-light when athletic sports were going on in the ground of
Government Normal School, Gorakhpur. A large number of spectators and the District Inspector of
Schools was also present. At about noon on November 13, 1968, the deceased Markandey Dubey
was seen coming from the eastern side towards the race course, hotly chased by the appellant and
five others. The pursuers overtook the deceased. The appellant then stabbed Markandey Dubey with
a knife on the chest, as a result of which he dropped to the ground and died there and then.

3. The trial Judge found that it was the appellant Pappu who had caused the fatal injury to the
deceased with a knife and convicted and sentenced the appellant under Section 302. IPC to
imprisonment for life. The co-accused Jagannath was also convicted and sentenced under Section
302 IPC read with Section 149 IPC. On appeal, the High court maintained the conviction of these
two persons holding that there was no doubt that this solitary, fatal injury to the deceased was
inflicted by Pappu alias Baijnath, appellant.

4. This Court granted special leave to appeal under Article 136 limited to the nature of offence and
sentence only.

5. We have heard the counsel on both sides. It is clear from the testimony of Dr. Brajendra Kumar
who conducted the autopsy that there was a punctured wound 1-1/2 x 1/2' inch cavity deep, both
edges sharp and curved, both ends tapering on the left side of the chest of the deceased. On opening
of the body, the Doctor found that this wound was going deep into the heart cutting the auricle and
root of the aorta. In the Doctor's opinion, this injury was certainly sufficient in the ordinary course
of nature to cause death. The appellant's case does not fall under any of the Exceptions in Section
300IPC. He deliberately caused an injury on the most vital part of the body, which was necessarily
fatal. The appellant was, therefore, rightly convicted under Section 302 IPC.

6. The appeal fails and is dismissed.

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