MAHAVIR PRASAD Vs. STATE

JUDGEMENT

(1.) The appellant Mahavir Prasad has been convicted under Section 302 of the Indian Penal Code, 1860 ("IPC? for short) for committing murder of his brother Vinod and Sections 25/27 of the Arms Act, 1959 ("Arms Act? for short). Vide order of sentence dated 6th April, 2011, he has been sentenced to undergo life imprisonment under Section 302 IPC and to pay fine of Rs.10,000/- , in default of which he has to undergo rigorous imprisonment for six months. He has also been sentenced to undergo rigorous imprisonment for three years under Section 25/27 of the Arms Act and to pay fine of Rs.2,000/-, in default of which, he has to undergo rigorous imprisonment for three months.

(2.) The case of the prosecution rests on five witnesses- Shanti @ Santosh (PW-3) and Vinod (PW-7), wife and son of the appellant respectively and Rajeshwari (PW-1), Anil (PW-2) and Virender (PW- 4), neighbours. At this stage, we may record that the deceased Vinod was the brother of the appellant.

(3.) Shanti @ Santosh (PW-3) has deposed that the deceased was her brother-in-law and was residing with them as his wife had left him many years ago and he was in the business of poultry. The appellant was her husband and was not working anywhere at that time. The appellant was in the habit of taking liquor and quarrelling. On this account, there were frequent quarrels between the appellant and the deceased Vinod. In the year 1999, the appellant assaulted her with knife, while she was sleeping, but she survived. On the night of 4th June 2010, she along with appellant and the deceased took dinner and then she, deceased Vinod and two neighbourers went to sleep on cots outside their house. At about 4.00/5.00 a.m., she heard the shrieks of the deceased Vinod, "I have been killed and save me? and the deceased had also stated that he has been stabbed by the appellant Mahavir Prasad. She saw that blood was oozing from the abdomen of deceased Vinod. The appellant was seen with the knife in his hand. The appellant ran away with the knife. Shanti (PW-3) has categorically stated that the deceased Vinod had told her that his brother Mahavir Prasad i.e. the appellant had stabbed him. Shanti (PW-3) raised alarm and her neighbour Virender (PW-4) came and made a call at number 100. PCR van came there and took Vinod to SGMH, where he was declared brought dead. Police recorded her statement Ex.PW3/A and thereupon the rukka was recorded and the FIR in question was registered.