JUDGMENT

Dr. ARIJIT PASAYAT, J.

1. Leave granted.

2. Challenge in this appeal is to the judgment of a Division Bench of the Madhya Pradesh High Court, Jabalpur Bench, dismissing of the appeal filed by the appellant questioning his conviction for offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the `IPC) as was recorded by learned Additional Sessions Judge, Murwara, Katni.

3. Prosecution version as unfolded during trial in a nutshell is as follows:

3.1 On 24.12.1997 at about 3.30 P.M. Ram Khilawan (hereinafter referred to as the deceased resident of Khirhani Gate, Katni went to the Hotel of Vijay after coming out of his house for having tea. There some dispute arose between accused Sone Lal and Ram Khilawan the deceased. Accused Sone Lal told him taking out a knife from his pocket, "I will finish you today". Sone Lal gave knife blow to deceased Ram Khilawan thrice in his stomach with an intention to kill him, whereby intestine came out of his stomach. The above said incident was witnessed by Sukh Ram Choudhary, Vijay Choudhary, Lala Choudhary and many others. Yashoda Bai W/o Ram Khilawan arrived there hearing the news of altercation. Accused-Sone Lal fled away from there towards Railway Lines after stabbing Ram Khilawan. Yashoda Bai had brought her husband Ram Khilawan to Police Thana carrying him on Rickshaw and had lodged FIR, Exhibit P-17 regarding the incident. P.S. Katni had sent Ram Khilawan to Government Hospital, Katni vide Exh.-P-21 for medical treatment. Dr. Arvind Chauhadda, Assistant Surgeon, had examined him vide his Report, Exh.-P-20. He had found injuries on his person. Injuries had been inflicted on Ram Khilawans stomach and chest by sharp edged weapon. After an hour, Ram Khilawan succumbed to his injuries in the Government Hospital, Katni itself. Kamal Ram, Ward boy of Government Hospital had given death information of Ram Khilawan, vide Exh.-P15 to P.S.-Katni. P.S.-Katni entered this information as Merg Information, Exh.-P-16. ASI B.K. Mishra had prepared Panchnama of dead body of Ram Khilawan, Exh.-P.-13 before the witnesses.

3.2 Assistant Civil Surgeon, Dr. S.K. Sharma (PW-15) according to Post mortem Report, Exh-P-25 found several injuries on the person of deceased Ram Khilawan i.e. towards left side of Chest, towards right side of chest, towards left side of Epigastric Region and. towards left side of stomach. These injuries had been inflicted by sharp edged weapon. Membrane of stomach, extruding outside, were visible. Right and left Pleural Cavity were ruptured. Peritoneum Cavity of the stomach and duodenum were ruptured. Small intestine was also ruptured. Death of Ram Khilawan was caused due to haemorrhage.

3.3. In course of investigation of the case, Sri R. K. Gupta, Sl seized blood stained as well as plain earth from the place of occurrence vide Seizure Memo. Exh.-P-19 and prepared Site Plan, Exh.-P-18. Smt. Yashoda Bai had deposited blood stained shirt of her husband, deceased Ram Khilawan with Sri R.K. Gupta, SI and the same was seized vide Exh.P-22. Bharat La1 Constable deposited the sealed packet of Ram Khilawans underwear at P.S. Katni receiving it back from Katni Hospital, which was seized by Exh. P-4. On 25th December, 1997 accused Sone Lal gave his statement in Police Custody vide Information memo Exh. P-8 that he has kept knife hidden in the bush adjacent to Tamarind Tree opposite to pond located opposite the Excise Ware House and he can give the recovery of the same. Thus, accused Sone Lal handed over the knife taking out of the bushes and the same was seized vide Exh.-P-9. One blue coloured shirt worn from the person of accused Sone Lal was seized vide Seizure Memo. Exh.-P-16. Seized articles were sent to FSL, Sagar for chemical Examination. Report of FSL, Sagar, Exh.-P-23 was received. As per FSL Report, blood was found on the knife, shirt and underwear seized from accused Sone Lal. Blood was also found on the shirt and underwear of deceased Ram Khilawan. Even blo