DAUVARAM NIRMALKAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Leave granted.

(2.) The appellant, Dauvaram Nirmalkar, has been convicted under Sec. 302 of the Indian Penal Code, 1860 (For short, "IPC"), for the murder of his brother, Dashrath Nirmalkar, and sentenced to undergo imprisonment for life, pay fine of Rs.1,000.00, and in default, to undergo simple imprisonment for a period of six months.

(3.) Dr. Nohar Prasad Jangde (PW-12), the senior medical officer at the Government District Hospital, Durg District - Durg, Chhattisgarh, has proved the post mortem report - Ex. P-18, and has testified that Dashrath Nirmalkar had died due to coma as a result of shock, in view of the injuries given on the scalp of his head, causing multiple fractures on the skull bone. Dashrath Nirmalkar suffered fractures in the left temporal, frontal, parietal, and left occipital lateral side with a deep lesion. A lacerated wound was also present on the chin. Homicidal death of Dashrath Nirmalkar is not disputed and challenged before us.