CHAITRAM Vs. STATE OF M.P.

JUDGEMENT

(1.) The Fourth Additional Sessions Judge, Bilaspur holding the Appellant guilty for committing murder of his brother Kaliram, punishable under Section 302 of the IPC vide judgment of conviction and order of sentence dated 31.05.1995, delivered in Sessions trial No. 332 of 1994, sentenced the Appellant to undergo imprisonment for life.

(2.) Facts of the case unfolded during the trial are that, on 15.03.1994, Baliram, to bring paddy straw went to his field in the morning hours, leaving the Appellant Chaitram and deceased Kaliram, his younger brothers in the house. At around 3 in the afternoon, some quarrel erupted between Kaliram and Chaitram. Chaitram carrying a weapon Sang (one kind of spear), chased Kaliram to attack and assault. But he could not succeed in his attempt, as Kaliram ran away. After some time, when Kaliram was coming back, the Appellant saw him and attacked on him with sang. He gave a blow with that weapon sang on his stomach; the weapon pierced his stomach. Kaliram on receiving fatal injury, instantaneously, succumbed to it. The incident was witnessed by Khorbahara.

(3.) Baliram when came back from his field, saw dead body of Kaliram, called Sarpanch, Kotwar and went to Police Station, Pandariya, where he gave FIR and Merg intimation. K.V. Dwivedi, Station House Officer, Pandariya, after recording merg intimation and FIR, left for place of occurrence to conduct inquest. He conducted inquest, prepared inquest report and forwarded dead body of Kaliram to Primary Health Centre, Pandariya for autopsy. He also collected blood stained earth and control earth from the spot and weapon of the offence - Sang from Baliram; recorded statements of witnesses under Section 161 of the Code of Criminal Procedure. Dr. Anil Kumar Gupta conducted autopsy; on examination of the dead body, he found punctured wound over epigastric region of abdomen and incised injury over dephrgmatic surface of liver. In his opinion, cause of death was syncope from stoppage of the heart action due to profuse hemorrhage and shock caused by the punctured injury. The injury was ante mortem in nature. The injury was caused by sharp pointed and cutting weapon and the death was homicidal in nature. He prepared his report and sent it to the Police Station. Property recovered was also forwarded to Forensic Science Laboratory for examination. After completion of the investigation, charge sheet was led in the Court of Judicial Magistrate 1st Class, who registered the case bearing Criminal Case No. 410/94 and committed the case to the Court of Sessions for trial.