BHARAT ALIAS BHARTHA Vs. STATE OF M.P

JUDGEMENT

(1.) APPELLANT-Bharat @ Bhartha stands convicted under Section 302, IPC and sentenced to undergo imprisonment for life by the Sessions Judge, Ambikapur, District Surguja in Sessions Trial No. 164/1988 on 29th of January, 1992.

(2.) THE brief facts are that on 1-4-87 at about 5.00 p.m. Deoveer (since deceased) had gone to purchase paddy-straw in the house of one Amira and had taken his radio with him. At about 7.00 p.m., he returned to his house and said to his daughter, Parwati that appellant Bharat has taken his radio. After some time, Bharat also reached to the house of Deoveer but he was not carrying the radio, on which, a fight begun between appellant-Bharat and deceased-Deoveer. Seeing all this, Parwati (P.W. 8) called brothers of Bharat. THEy came their and tried to pacify the quarrel. When they were taking Bharat to his house, appellant Bharat, all of a sudden, picked up one khair club, which was lying there, and gave a blow on the head of Deoveer. Deoveer received injury on the head, fell down on the ground and died there. A Dehati Nalishi (Exh. P-6) was given by Ram Naresh (P.W. 7), based on which, a First Information Report (Exh. P-5) was registered.

(3.) ACCORDING to the post-mortem report, there was a lacerated wound over right frontal region extending upto voult, size 5 cm x 1/2 cm x bone deep and clotted blood was present inside the wound. On dissection, he found a depressed fracture of right parietal bone. He was noticed subdural and subarachoid haemorrhage beneath the site of fracture. The Autopsy Surgeon opined that the cause of death was coma due to injury over skull and brain and it was homicidal in nature.