GOKUL Vs. STATE OF M P

JUDGEMENT

(1.) THE appellant has been convicted under Section 302 of the indian Penal Code for the murder of his elder brother Dayach and and sentenced to undergo imprisonment for life.

(2.) THE appellant is a resident of village Banpur where he used to live with his another elder brother Divia alias Devilal and mother Mst. Rona. The deceased dayachand, who was also an elder brother of the appellant, used to live separately in the same village and his cultivation was also separate from that of the appellant, Divia and mst. Rona. There was no enmity between the appellant, Divia and Mst. Rona on the one hand and Dayachand on the other. An agricultural field of the appellant adjoined an agricultural field of Vetal (P. W. 1 ). A nallah existed in between those fields. The dispute giving rise to this case took place at about 6 or 7 p. m. on 17-7-1983 on the field of Vetal (P. W. 1) near-about the Nallah. In that incident, injuries were caused to Dayachand as a result of which he died soon afterwards on way to police station Mayapur, where, first information report of the incident was lodged by Vetal (P. W. 1 ). The external injuries caused to the deceased Dayachand were as follows :

(3.) THE trial Court has found the evidence of the eye-witnesses Vetal (P. W. 1), dhanua (P. W. 2), Ratna (P. W. 3) and Jagna (P. W. 4) shows and it is also no longer disputed before us that, immediately prior to the alleged assault on Dayachand, the appellant had obstructed the course of the nallah water by putting stones in that water course, as a result of which the nallah water started flowing into the field of Vetal (P. W 1), whose maize crop was standing on the field. With a view to prevent the crop from being damaged thereby, Vetal (P. W. 1) raised an embankment towards that side of the nallah so that the water may not enter into his field. That enraged the appellant, who insisted upon flowing of the nallah water into the field of Vetal (P. W. 1 ). During the course of that brief altercation, Dayachand reached the spot and advised the appellant not to do so and allow the nallah water to flow as before in normal course. At that, the appellant, who was armed with a lohangi (iron shod lathi), dealt three blows and thereby caused the above mentioned injuries to Dayachand. The internal injuries were sufficient to cause death in the ordinary course of nature. In fact, an unconscious dayachand died on way to the police station that night.