JUDGMENT S.K. Chawla, J.Appellant Mohammad Salam challenges his conviction under Section 302, I.P.C. and sentence of imprisonment for life inflicted thereunder.The prosecution case was that on 8-11-1983 at about 11.15 p.m., deceased Kallu Lal Jain, a Cloth Merchant of Jabalpur, went along with his brother Mulayamchand Jain (P.W.-9) to the house of one Islam for dunning for credit money of Rs. 35/-, being the unpaid price of cloth due from Islam.Two brothers of Islam named Jannu and Salam (appellant herein) were found standing at the door of the house.When the deceased asked them about whereabouts of Islam, appellant Salam replied that he was sleeping inside the house.The deceased insisted upon Islam being woken up because he urgently wanted money from Islam.At that stage Islam showed himself up and stood behind appellant Salam.While the conversation was going on, appellant Salam got down from the doorsill, of his house and reaching up to the place where the deceased was standing on the road, plunged a dagger into the abdomen of the deceased.After inflicting that injury, the appellant took to his heels.Deceased Kallu Lal succumbed to his injury on 16-11-1983 in Victoria Hospital, Jabalpur.The said evidence satisfactorily proved the prosecution case.It was a case of abdominal stab wound which was viscera deep.The death had taken place due to gangrene and paralysis of the intestines resulting from the abdominal wound.It was held that the supervening cause of death being the result of the wound, the offender was responsible for causing the death.The only point seriously urged by Shri Rajendra Singh, learned Counsel for the appellant, was that the only offence brought home to the appellant was the reduced offence of culpable homicide not amounting to murder punishable under Section 304, I.P.C. and not the offence of murder under Section 302, I.P.C. of which the appellant was convicted by the learned trial Judge.The nature of the injury sustained by the deceased was described by Dr. S. K. Nema (P.W. 6), who had assisted Senior Doctor Shri Shrivastava (P.W. 16) in performing operation on the injury.Dr. Nema deposed that the stab injury was situated over the lower part of the sternum and went downwards in the abdominal cavity.Exploratory leprotomy was done for operation.There were two perforations measuring 1/2 cm.x 1/4 cm.each through and through over the pyloric part of the stomach, which were repaired by operation.The deceased however developed peritonitis and septicaemia which resulted in his death.Dr. R. D. Sharma (P.W. 16) deposed that the injury sustained by the deceased was likely to cause death.The learned trial Judge found that the appellant had time, however little, for meditation when the deceased was engaged in conversation with him and his brother; that the appellant had thereafter purposely got down from the door-still of his house and after reaching up to the place where the deceased was standing, had plunged a dangerous weapon like the dagger in question into the abdomen of the deceased which was a vital part of the body.

Cited provisions: Section 302 in The Indian Penal Code; Section 304 in The Indian Penal Code; Section 300 in The Indian Penal Code; Section 299 in The Indian Penal Code