UDIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By the impugned judgment dated July 07, 2006, the High Court of Madhya Pradesh, affirming the judgment of the trial court, has upheld conviction of the appellant - Udiya under Section 302 of the Indian Penal Code, 1860 (for short, 'IPC') for murder of his brother - Nakuda and sentenced him to imprisonment for life and fine of Rs.1,000/-, in default of which he is to undergo rigorous imprisonment for one month.

(2.) Having considered the testimony of Jeevni (PW-1), wife of deceased Nakuda and sister-in-law of the appellant, who is an eye-witness, we have no hesitation in affirming conviction of the appellant for having caused death of Nakuda. Jeevni (PW-1) has testified that on July 10, 1999, at about 10.00 p.m., while she was in her house, she heard her husband raising alarm. Her husband was returning from work and was at a short distance from home. She had seen the appellant assaulting Nakuda with a stone. Nakuda had also told her that the appellant had assaulted him with a stone. Jeevni (PW-1) had thereupon proceeded to the house of one Laxman and took him to the place of incident. Villagers had thereafter gathered at the place of incident. PW-1 had lodged the police report Exhibit P/1. In fact, while issuing notice in this appeal vide order dated February 23, 2009, the same was confined to the nature of offence and quantum of punishment only. We would, therefore, now address the question on nature of offence and quantum of punishment.

(3.) Medical evidence in the form of Post Mortem Report (Ex.P/8), proved by Dr. Nirmal Kumar Chaudhary (PW-6), opines that the deceased had suffered contusions and a fracture on the left temporal and maxillary bones, and that the death was on the account of the head injuries.