MODI Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and sentence dated 21 -6 -1999 passed by the Additional Sessions Judge, Kanker, in ST No. 199/1998, whereby the learned Additional Sessions Judge has convicted the appellant under Section 302 of the Indian Penal Code (for short 'the IPC') for committing murder of his brother Masiya (since deceased) at 20.00 hours on 14 -12 -1997 and sentenced him to undergo imprisonment for life. First Information Report (F.I.R.) (Ex. P/1) was lodged by Basuram Madiya (P.W. -1) at 11.15 hours on 16 -12 -1997 stating that he does cultivation at village Becha. Appellant and the deceased are his brothers. At 9.00 a.m. on 15 -12 -1997 Somaru Madiya of village Kohkameta came to his village and informed that his middle brother Masiya has been murdered by his elder brother Modi by means of burnt wooden log. Informant immediately went to village Kohkameta, Sargipara and found the dead body of the deceased lying on the road having sustained injuries on his head and mandible region. On enquiry, the appellant informed him that the deceased had illicit relation with his wife Mangati, therefore, out of anger, he has assaulted the deceased by burnt wooden log. Villager Manglu informed the informant that the appellant brought the deceased near his house and assaulted over his head.

(2.) MERG intimation (Ex. P/2) was lodged at 11.20 hours on 16 -12 -1997 at the instance of informant Basuram Madiya (P.W. -1). Dead body inquest was prepared vide Ex. P/4. Crime detail form along with spot map was prepared vide Ex. P/7. Bloodstained soil & plain soil was recovered from the place of occurrence vide Ex. P/8. Memorandum statement of the appellant was recorded on 16 -12 -1997 vide Ex. P/9, which led to recovery of one burnt wooden log vide Ex. P/10. The dead body was sent for post -mortem examination, which was conducted by Dr. M.K. Suryawanshi (P.W. -7), who submitted his report vide Ex. P/11 -A opining that cause of death was syncope due to excessive external and internal bleeding through the injuries and homicidal in nature; duration of death is between 24 -30 hours prior to autopsy. Baniyan of the deceased was recovered vide Ex. P/13. Burnt wooden log recovered from the appellant was sent for medical examination vide Ex. P/15 to Dr. M.K. Suryawanshi (P.W. -7) who submitted his report vide Ex. P/15 -A to the effect that blood like stains are present over the wooden piece. He recommended for forensic examination of the wood by the FSL, Raipur, however, FSL report is not available.

(3.) WE have heard learned counsel appearing for the parties and perused the record.