POYAME BHADRU Vs. STATE OF M.P.

JUDGEMENT

(1.) Both the appeals arise out of common judgment of conviction and order of sentence dated 14-7-2000 passed by First Additional Sessions Judge, Bastar at Jagdalpur in ST. No. 57/2000, therefore they are taken together for hearing and disposal.

(2.) First Additional Sessions Judge, Bastar at Jagdalpur holding Appellant Poyami Bhadru guilty for committing murder of his son Poyami Somaru under Section 302 read with Section 109 of I.P.C. and holding Appellant Sodi Mahadeo guilty for committing murder of Poyami Somaru under Section 302 of I.P.C. sentenced each of the Appellants to undergo imprisonment for life and fine with default stipulation.

(3.) Facts unfolded during trial are that Poyami Bhadru and his son Poyami Somaru developed strained relations, therefore Poyami Bhadru entered into a contract with Sodi Mahadeo asking him to kill Poyami Somaru and in lieu thereof assured him to pay Rs. 4,000.00 and two goats. In the intervening night of 11-9-1999 and 12-9-1999 when Poyami Somaru was alone in his house, Appellant Sodi Mahadeo entered inside his house and inflicted injuries with an axe on his head and killed him. On the next day morning when Poyami Bhadru visited the house of Poyami Somaru, he saw his dead body, therefore, he gave information to Kotwar. Kotwar Suklu accompanied with other persons went to Poyami Somaru's residence where they saw his dead body having injuries on his head. A meeting was convened, in presence of Appellant Poyami Bhadru, Sodi Mahadeo in that meeting confessed his guilt by stating that Poyami Bhadru promised him to pay Rs. 4000.00 and two goats for vanishing Poyami Somaru, therefore he killed him.