KIRTAN Vs. STATE OF M P

JUDGEMENT

(1.) The appellant Kirtan has been convicted under section 102 Indian Penal Code and sentenced to life imprisonment for the murder of his elder brother Chamar Singh.

(2.) The incident occurred on the evening of 21-2-1980 in their house in village Sarwani in district Raigarh. The deceased was sitting in the house with Jaidha (P. W. 2) and Phattu (P. W. 3), and was consuming liquor when the appellant came there and demanded his share out of the sale proceeds of land, which had earlier been sold away by the deceased. The appellant got infuriated at nonpayment of money forthwith to him and he inflicted repeated blows with a heavy stick all over the body of his elder brother Chamarsingh. In this process, he caused as many as external injuries, of which many were on the head and face and they resulted in multiple fractures in the limbs as well as of the bones of the skull and face. Chamarsingh died on the spot as a result of these injuries. The first information report (Ex. P.1) was lodged by the village Kotwar, mentioning these facts and also naming therein the eye witnesses. The fact that the appellant had made an extra-judicial confession in the presence of the village Kotwar and Tikam Singh (P. W. 4) was also mentioned therein.

(3.) The testimony of the eye witnesses Jaidha (P.W. 2) and Phattu (P.W. 3) is alone sufficient to prove that the injuries sustained by the deceased were inflicted to him with a heavy stick by the appellant Kirtan. In addition to that, there is also the testimony of Tikamsingh (P. W. 4) to prove thy extra-judicial confession made by the appellant. The only question therefore, is of the offence made out against the appellant.