S. S. SHARMA, J, J. ( 1 ) ADDITIONAL Judge to the Court of Sessions Judge Bhopal, in Sessions Trial No. 174 of 1980, by his judgment dated 31/12/1980 convicted the appellant for an offence under Section 302 of the Indian Penal Code and sentenced him to imprisonment for life. This appeal is against that conviction and sentence. The appellant being unrepresented counsel was provided to him by the Registry. ( 2 ) THE prosecution case briefly stated is that in the evening of 20-6-1980 deceased Rafiq accompanied by his. friend Mohd Mehfoozullah (PW. 1) was going to a hotel for taking a cup of tea. While so going they noticed that a few HAMMAIS were quarrelling amongst themselves in front of Welcome Transport Company. This is in the Itwari market, a busy locality of Bhopal town. The deceased having noticed that quarrel, stopped there and wanted to know the reason for that quarrel. It. is said that the appellant who was one of those HAMMAIS objected about the deceased intervening in the matter. The deceased and Mohd Mehfoozullah quietly proceeded ahead. After taking tea from a stall the deceased and Mohd Mehfoozullah returned back. The deceased however, was to join back Mohd. Mehfoozullah after returning from the house, but he did not. Mohd. Mehfoozullah (P. W. 1) who worked in the transport office came out to see whether the deceased had come back and at that time noticed that the appellant was man-handling Rafiq and assaulting. him with fist blows in from of Satya Vijay Transport Company. He also saw that the appellant was dragging the deceased towards the hotel of one Badri halwai. On taking him to that place, appellant took out a knife from underneath his under wear and inflicted, repeated knife blows on the deceased till he fell down. The appellant fled away from there brandishing the knife and thus detering the persons who were chasing him. This took place at about 6. 45 P. M. ( 3 ) CONSTABLE Han Singh (PW. 10) was on duty in the market and he was informed by someone that some knife. incident has taken place near Satya Vijay Transport Company. Therefore, Had Singh along with some S. A. P. constable reached the spot and saw a person lying injured whose name he subsequently learnt to be Rafiq. 10) was on duty in the market and he was informed by someone that some knife. incident has taken place near Satya Vijay Transport Company. Therefore, Had Singh along with some S. A. P. constable reached the spot and saw a person lying injured whose name he subsequently learnt to be Rafiq. This constable also learnt from the persons present on the spot that Munne after inflicting knife blows to Rafiq had fled away from there. Rafiq who was soiled in blood was sent in an auto-rikshaw to the Hamidiya Hospital. Constable Had Singh (PW. 10) informed about this incidem on telephone to the police station. Head Constable Raghunath Prasad (PW. 14) who was on duty in the police station received the telephonic information from constable Had Singh (PW. 10) that Munne Mahhal had inflicted knife blows on Raliq who has been sent to Hamidiya hospital The Head Constable entered this report in the Roznamcha Ex. P. 15. ( 4 ) MOHD. Mahfoolullah (PW. 1) who was present on the spot when knife injuries were inflicted on Rafiq by the appellant having seen that Rafiq had been sent to the hospital, also followed him but he learnt that the body of Rafiq has been sent for post-mortem examination. He, therefore, went to the police station and lodged the report Ex. P. I. This report was recorded by T. I. S. K. Mishra (PW. 13 ). Thereafter the police officer went to the spot. He prepared a site plan and effected some other seizures. The appellant could be arrested on 18-9-1980. ( 5 ) DR. R K. Chaurasiya (PW. 5) had examined Rafiq at 6. 50 P. M. He found he was already dead. He noticed stab wounds over left side of the chest, left hypocondrium region and iliae fossa. A part of the column was protruding. The post-mortem examination was performed by Dr. Heeresh Chandra (PW. 12) on 21-6-1980. He in all found seven stab wounds of different dimensions on different parts of the body including left side chest near umblicus, near the iliac crest, patella bone, left leg and posterior superior iliac spine. These injuries have been described by Dr. Heeresh Chandra in detail in his evidence as also in the report. According to him the death was due to shock and hemorrhage resulted from the stab wounds to the chest and abdomen. These injuries have been described by Dr. Heeresh Chandra in detail in his evidence as also in the report. According to him the death was due to shock and hemorrhage resulted from the stab wounds to the chest and abdomen. These injuries on the chest and abdomen These injuries on the chest and abdomen were sufficient in the ordinary course of nature to cause death. ( 6 ) THE appellant in his examination pleaded false implication. He stated that from before two days of the date of the incident, he had gone to Bombay. When he was informed that his name is being implicated in this incident, he returned back on 18-9-1980 and surrendered before the Court. but he was told to away. Subsequently he went along with his neighbor to the police station, where he was arrested. ( 7 ) THE conviction of the appellant rests on the direct testimony of Mohd. Mehfoozullah (PW. I), Mohd. Ayub (PW. 3), Shafiqurrehman (PW. 6) and Mohd. Aslam (PW. 9 ). Mohd. Ayub (PW. 3) has a bangle shop and at the time of this incident, he was going to purchase some banglas from the market. Silafiqurrehman (PW. 6) is a truck driver and at the time of the incident had been tying down the load in the truck. Mahd. Aslam (PW. 9) has a small grocery shop and at that time he was returning from Jumerati after making certain purchases for that shop. The Tnames of these witnesses find place even in the first information report Ex. P. I. These witnesses knew the appellant from before. But for Mohd. Ayub (PW. 3), the remaining witnesses knew the deceased even by name. Only Mohd. Ayub (PW. 3) learnt the name of the deceased at the time of the incident. Their evidence about the appellant having inflicted the knife blows on the deceased is quite consistent and nothing has been brought out in their cross-examination so as to persuade us to reject the testimony of anyone of them. The incident took place III the evening in a crowded market of Bhopal town and the presence of these witnesses at that time was nothing unnatural or unusual. The Court below has rightly held the appellant to be responsible for causing the knife injuries to deceased Rafiq. ( 8 ) THE evidence of Dr. Neeresh Chandra (PW. The incident took place III the evening in a crowded market of Bhopal town and the presence of these witnesses at that time was nothing unnatural or unusual. The Court below has rightly held the appellant to be responsible for causing the knife injuries to deceased Rafiq. ( 8 ) THE evidence of Dr. Neeresh Chandra (PW. 12) clearly makes out that most of the stab wounds were on vital parts of the body. The blows must have been inflicted with force and Rafiq died within a short time of the infliction of the injuries. Therefore, clause Thirdly of Section 300 of the Indian Penal Code would clearly be attracted. The contention of the learned counsel for the appellant that no good evidence about the motive bas been adduced cannot be accepted for the reason that there is direct evidence against the appellant. The offence would, therefore be under Section 302 of the Indian Penal Code. ( 9 ) CONSEQUENTLY, this appeal fails and is hereby dismissed. The appellant be informed accordingly. Appeal dismissed. .