Judgment ( 1. ) THIS appeal is directed against the judgment dated 30th January, 1999 passed by the learned 2nd Additional Sessions Judge, Ujjain in Sessions Trial no. 302/1997 whereby the appellant has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life. ( 2. ) ACCORDING to the prosecution, deceased Vinay was in his book shop at about 4. 30 in the evening on 24-9-1997 along with accused Vikas Bhandari. Vinay was found lying on the ground in badly injured condition and at that time sunil Kumar Yadav (P. W. 10) who lives across the road, Akhilesh (P. W. 6), who ! was passing by the shop and Varisuddin (P. W. 7) whose father had a shop opposite the shop of the deceased, saw the accused running away with knife in his hand. Akhilesh (P. W. 6) and Sunil Kumar Yadav (P. W. 10) inquired from the deceased as to what had transpired. The deceased mentioned the name of the accused and thereafter lost consciousness. He had a number of injuries on his body from which blood was spurting out. He was taken on a handcart to the hospital where Dr. S. Porwal (P. W. 1) admitted him in the hospital but the deceased succumbed to the injuries at 6. 00 p. m. on the same day. While the deceased had been brought to the hospital, doctor had examined his injuries and as per the injury report (Exh. P-3) dated 24-9-1997, the following injuries were found on his body:- (1) Stab wound transverse in direction spindle shaped, clean cut margins, clotted blood present, measuring 2 cm x 3/4 cm x deep into thoracic cavity over anterior aspect of chest left side in 4th intercostal space 4 cm medial to left oreta. (2) Stab wound transverse in direction spindle shaped clean cut margins, clotted blood present, reddish blood containing froth escaping from the wound, 2 cm x 3/4 cm x deep into thoracic cavity over anterior aspect of chest left side in the 6th intercostal space in mid clavicular line. (3) Stab wound vertical in direction spindle shaped, clean cut margins, clotted blood present, 2 cm x 3/4 cm x 3 cm over anterior aspect of upper l/3rd of right thigh 10 cm below right inguinal ligament. (4) Stab wound spindle shaped, clean cut margins, transverse in direction, clotted blood present 1. (3) Stab wound vertical in direction spindle shaped, clean cut margins, clotted blood present, 2 cm x 3/4 cm x 3 cm over anterior aspect of upper l/3rd of right thigh 10 cm below right inguinal ligament. (4) Stab wound spindle shaped, clean cut margins, transverse in direction, clotted blood present 1. 5 cm x 3/4 cm x 2. 5 cm over posterior aspect of lower l/3rd right arm. (5) Incised wound superficial, clean cut margins, transverse in direction, clotted blood present 4 cm x 1/4 cm over right side neck at the level of criloid cartilage 8 cm right to mid line over neck. ( 3. ) ON the death of Vinay during treatment, the Police was informed vide Exh. P-5, in pursuance whereof Badrilal Soni (P. W. 11), SHO reached the hospital and held inquest of which memo Exh. P-18 was prepared. Requisition exh. P-1 was made for post-mortem examination of the deceased. Dr. S. Porwal (P. W. 1) conducted autopsy and on external examination of the body found the injuries that had already been described in Exh. P-3 as injury report. ( 4. ) IN the opinion of the doctor, cause and mode of death of Vinay s/o vipin Kumar Sharma was shock and haemorrhage due to injuries to vital organs. ( 5. ) ON 29-9-1997, accused was arrested vide memo Exh. P-15 and on the basis of the disclosure made as recorded in Exh. P-13, a knife was recovered and seized vide Exh. P-14. His clothes were also seized vide Exh. P-16 and since the accused was having injuries, he was sent to the hospital for examination. After examining the accused on 29-9-1997, Dr. S. Porwal (P. W. 1) gave report exh. P-7 containing the following injuries :- (1) Infected wound crust present pus discharge present 3/4 cm x 1/2 cm x 1/2 cm over palmer aspect, left hand, 2 cm proximal to base of left index finger. (2) Abrasion linear in shape, transverse in direction crust present, pus discharge present 2 cm x 1/10 cm over medial (ulna) aspect of right hand 3 cm proximal to base of left little finger. (3) Abrasion linear in shape oblique in direction, crust present, pus discharge present 2 cm x 1/10 cm over medial aspect of right hand, 1/2 cm proximal to base of left little finger. (3) Abrasion linear in shape oblique in direction, crust present, pus discharge present 2 cm x 1/10 cm over medial aspect of right hand, 1/2 cm proximal to base of left little finger. (4) Abrasion linear in shape, transverse in direction, crust present 1/2 cm x 1/10 cm over palmer aspect left right finger proximal phalanx. All the injuries were simple and had been caused within seven days from the date of examination. ( 6. ) THE knife recovered from the accused was sent to the doctor for his opinion and as per the opinion Exh. P-8, the injuries could have been caused by the said knife. The articles seized were sent to the Forensic Science Laboratory and report Exh. P-24 indicated that the clothes were stained with blood. However, blood was not found on the knife. After completion of the investigation, the accused was prosecuted. ( 7. ) ON being indicted for an offence under Section 302 of the IPC, the accused stated that he had not committed any offence and had been falsely implicated. The learned Additional Sessions Judge, however, found the appellant guilty and convicted and sentenced him as stated. ( 8. ) THE homicidal death of Vinay Kumar stands established by the testimony of Dr. S. Porwal (P. W. 1) and the PM report Exh. P-2, testimony of badrilal Soni (P. W. 11), SHO, as per the merg report (Exh. P-18) registered by him and the statement of Akhilesh (P. W. 6) and Varisuddin (P. W. 7 ). It is thus amply proved that Vinay Kumar died a homicidal death. ( 9. ) THE question that falls for consideration now is, as to whether appellant Vikas s/o Prakash Bhandari was the perpetrator of the crime which resulted in the death of deceased Vinay Kumar. ( 10. ) THE prosecution examined 11 witnesses to prove its case. Though none was examined as eye-witness to the incident, Akhilesh (P. W. 6) and varisuddin (P. W. 7) had a good look of the accused who was fleeing after commission of the offence. Sunil Kumar Yadav (P. W. 10) also saw the accused quarreling with the deceased and running away thereafter leaving the deceased in a badly injured condition. It has also come in their evidence that when it was inquired as to what had transpired, the deceased had given the name of accused vikas. Sunil Kumar Yadav (P. W. 10) also saw the accused quarreling with the deceased and running away thereafter leaving the deceased in a badly injured condition. It has also come in their evidence that when it was inquired as to what had transpired, the deceased had given the name of accused vikas. Tehsildar Bharatlal Nanama (P. W. 2) had conducted test identification parade as per memo (Exh. P-9) in which Akhilesh (P. W. 6) and Varisuddin (P. W. 7) had correctly identified the accused. Bhanupratap Gehlot (P. W. 3), patwari had prepared the spot map while other witnesses were examined to prove steps taken in the investigation. Before we advert to the testimony of akhilesh (P. W. 6) and Varisuddin (P. W. 7), it would be apt to refer to the, deposition of Bharatlal Nanama (P. W. 2), Tehsildar who prepared memo (Exh. P-9) as regards the test identification parade. ( 11. ) BHARATLAL Nanama (P. W. 2) has deposed that on 8-10-1997 he was posted as Tehsildar in Khachrod. When he received requisition from the Police for holding test identification of Vikas, he had mixed up six persons of the same description as the accused and called the witnesses for identification. Varis, akhilesh and Abdul Kiram had correctly identified the accused. Nothing has been brought out in his cross-examination to discredit the statement of this witness. If in the context of testimony of Bharatlal Nanama (P. W. 2) and the test identification memo, testimony of Akhilesh (P. W. 6) and Varisuddin (P. W. 7) is taken into account, the monosyllable Vikas uttered by the deceased clearly refers to the present appellant and none -else. Akhilesh (P. W. 6) has deposed that he knew the accused and the deceased well. On the date of the incident while he was proceeding to Ganesh Gali and passing by the book shop of the deceased. He witnessed altercation between the two with regard to some monetary dispute. While he returned, he noticed that Vikas was running away with a knife in his hand. He, therefore, proceeded towards the shop and found that the deceased Vinay was lying on the ground and bleeding through a large number of injuries. When he inquired about the incident, the deceased took the name of Vikas and thereafter became unconscious. Same is the evidence of varisuddin (P. W. 7), a child aged 12 years. He, therefore, proceeded towards the shop and found that the deceased Vinay was lying on the ground and bleeding through a large number of injuries. When he inquired about the incident, the deceased took the name of Vikas and thereafter became unconscious. Same is the evidence of varisuddin (P. W. 7), a child aged 12 years. He has also stated that after seeing the person running, he noticed that Vinay was lying on the ground in injured condition. Both these witnesses have identified the appellant in test identification parade and it, therefore, confirms that reference to Vikas by the deceased, was to the accused and the accused alone. If this testimony is further examined in the context of the statement of Vikas Jain (P. W. 9), he has also stated that while there was quarrel between the deceased and the accused, the accused had threatened that the deceased will have to repent and later when he approached his shop, he was informed that the deceased had been stabbed. At that time, Akhilesh informed him Vikas was the perpetrator of the crime. ( 12. ) INSOFAR as the injuries sustained by the accused were concerned, as evident from Exh. P-7, it is apparent that the injuries are insignificant and not on any vital part. It is also clear that it was never the case of the appellant that he had acted in exercise of right of private defence. The injuries found on the accused being insignificant, it was also not necessary for the prosecution to explain the injuries of the accused and, therefore, the decision of the Supreme Court in lakshmi Singh and others Vs. State of Bihar [ air 1976 SC 2263 ] does not come to the rescue of the appellant. The fact that the appellant was seen in the company of the deceased, the deceased had immediately after the incident divulged his name, the witness Akhilesh (P. W. 6) and Varisuddin (P. W. 7) had seen him running away and had later correctly identified him in the test identification parade conducted by Bharatlal Nanama (P. W. 2) and Vikas Jain (P. W. 9) had seen the accused and the deceased quarreling on account of some money transaction and had thereafter learnt that the deceased had been stabbed by the accused, are strong circumstances which point to the guilt and guilt alone of the appellant. We are, therefore, of the firm view that the judgment of the trial Court and the conviction and sentence awarded to the appellant/accused, does not call for any interference in this appeal. ( 13. ) ACCORDINGLY, the appeal is dismissed. The accused is on bail. He shall now surrender to his bail bonds and serve out the sentence awarded to him. Simultaneously, an arrest warrant be issued against the accused for sending him to jail for serving out the sentence awarded to him.