Saksena, J. -- 1. Appellant has filed this appeal against the judgment dated 6.10.1998 passed by Additional Sessions Judge, Beohari, District Shahdol, in Sessions Trial No. 106 of 1997, convicting him under section 302 of the Indian Penal Code and sentencing him to imnprisonment for life and a fine of Rs.500/-, with default stipulation.

2. In brief, the prosectuion case is that at about 5 O'clock in the evening of 24.3.1997 while Ramniwas (deceased) was sitting on his 'Chabutra', suddenly appellant and his father Lachhani (co-accused) reached there and abused him and on the exhortation of Lachhani, appellant inflicted a knife blow on the left side of his abdomen. Some people reached at the spot and appellant ran away. Ramniwas was taken to Primary Health Centre, Beohari. A written intimation (Ex.P-6) was sent from the hospital to Police Station Beohari intimating that Ramniwas was brought to hospital in injured condition. On receiving intimation L.P. Singh, ASI (PW10) went to hospital and gave a requisition (Ex.P-7) for medical examination of Ramniwas. On finding that an offence was committed he himself recorded first information report (Ex.P-8) on 25.3.1997.

3. Dr. Ramsanehi Pandey, Medical Officer of Primary Health Centre, Beohari (PW1) examined the injuries of Ramniwas. He found one incised wound 1-1/2" x 3"oblique on left side of his chest with fresh bleeding over 8th intercostal area, direction of the wound was downwards medially. The stab injury was caused by hard, sharp and pointed object. On a query being made by Investigating Officer he gave opinion that the injury found on the body of Ramniwas was dangerous to his life.

4. Ramniwas was referred to Gandhi Medical College, Rewa, where Dr. Kiran Verma (PW17) examined his injuries and found one stitched wound on the left side of his chest. The size of the wound was 1.5 cm. There was subcutaneous surgical emphysema in the chest. He was operated. It was found that there had been a perforating injury on duodenum. A report (Ex.P-25) was given by Dr. Kiran Verma. On 2.4.1997 at about 1: 15 p.m. Ramniwas died. After his death, his dead body was sent for post-mortem examination. Dr. B.K. Sharma (PW12) carried out post-mortem examination. As per his report (Ex.P-18), he found 9 injuries on his body. The injuries were partially healed and were located on his 3rd rib of left side, left side of chest, on 4th rib, left elbow, right elbow, stitched wound on 9th rib and on tibia bone. In his opinion, the aforesaid injuries were ante-mortem. After completion of the investigation the charge-sheet was filed and the case was committed for trial.

5. During trial, in order to substantiate its case prosecution examined 17 witnesses. The defence of appellant in his 313 CrPC statement was that of false implication due to enmity. Learned trial Judge relying on the evidence of Ram char an (PW4), Sushilabai (PW7). Shyamkali (PW8) and Ganesh (PW9) held the appellant guilty of committing murder of Ramniwas, however, finding the evidence insufficient against accused Lachhani @ Chholani, acquitted him.

6. Shri Devendra Singh Baghel, learned counsel for the appellant submitted that the evidence of prosecution witnesses is unreliable. The evidence of Dr. B.K. Sharma (PW12), who examined the injuries, and the evidence of Dr. Ram Sanehi Pandey (PW13), who performed the postmortem examination is inconsistent. Dr. Ram Sanehi Pandey found many injuries on the body of deceased whereas only one injury was found by Dr. B.K. Sharma. Learned counsel submitted that since only one injury was inflicted by the appellant, his conviction under section 302 of the Indian Penal Code is not justified, at the most he could be convicted under section 304 Part-II of the Indian Penal Code. He submitted that the appellant is continuously in custody since 8.4.1997. On the other hand, Shri T.K. Modh, Deputy Advocate General, for the State submitted that the injury inflicted by the appellant was dangerous to life. He had caused t