DURGA PRASAD Vs. STATE OF M P

JUDGEMENT

(1.) Appellant by this appeal challenges his conviction under Section 302 Indian Penal Code and sentence of imprisonment for life awarded to him by Additional Sessions Judge Khurai in Sessions Trial No. 145 of 1980 vide judgment dated 6.12.1980.

(2.) Deceased Ramcharan was the brother of the appellant. Ramdayal (P.W. 1) is also their real brother. All the three brothers lived in the same house but in different portions. They were doing agriculture together but were separated in mess. Deceased Ramcharan was unmarried. The incident which resulted in the death of Ramcharan took place on 14.6.1980 at about 7 to 7.30 p.m. in village Bamnora.

(3.) The prosecution case briefly stated is that on 14.6.1980, deceased Ramcharan on his return in the evening from Sagar asked his brother appellant Durga prasad as to why the buffaloes bad by then not being tied. The appellant told him that the buffaloes had not returned back from the jungle. At this there was some exchange of abuses between the deceased and appellant Durgaprasad. Thereafter appellant Durgaprasad inflicted two blows by Sabbal (heavy iron rod). As a result of those blows Ramcharan fell down. On knowing about the commotion Ramdayal (P.W. 1) and his wife Shyamrani Bai (P.W. 2) came out of the house. It is said that the appellant had further hit by stone on the bead of Ramcharan. Ramdayal then separated Durgaprasad. The head injuries on Ramcharan were then bleeding. Dinanath (P.W. 3) and Nonitram (P.W. 4) who live in the neighborhood of Ramcharan had also come there. Ramcharan was lifted from that place and brought in the Daklan but by then Ramcharan breathed his last.