NASA Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 21st April, 1999 of the learned Addl. Sessions Judge, Sendhwa, in Sessions Trial No. 121/98, whereby the appellant has been convicted under Section 302 and sentenced to imprisonment for life and fine of Rs. 1,000/-.

(2.) The case relates to the murder of Peetaram by his brother accused Nasa. Gallu (PW 4) is the father of the deceased and the accused, who lodged FIR (Ex.P/5) and Amnabai (PW 10) is the wife of deceased Peetaram. According to the case of the prosecution, Gallu (PW 4) had six sons including accused and the deceased. He had already partitioned the land among his sons and they were living separately. His son Richha had shifted to Maharashtra about a decade and a half ago. In respect of the land of his son Richha, there was dispute as it was being cultivated by the accused. On 9/1/1998 when Peetaram and Nasa both had gone to Sendhwa to sell cotton, on their return to village Japdipadla, prompted by the dispute of land, they quarreled. When Ranji (PW 5), uncle of the accused and the deceased, tried to intercede, he also received injury of'Kharaliya'; a vertical log on which bullock-cart rests. However, the quarrel subsided on intervention of Ranji. At about 11.00 p.m., accused Nasa went to the house of Peetaram and assaulted him with 'Kharaliya' with the result Peetaram fell down and died instantaneously. On the report (Ex,P/5) having been lodged by Gallu (PW 4), a case u/S. 302 of the IPC was registered. Ranji was sent for medical examination while the dead body of Peetaram was sent for autopsy, of which report Ex.P/11 was received. As per the statement of Dr. Mannalal Pawar (PW 11), Autopsy Surgeon, and his report Ex.P/11, the deceased received as many as eight injuries, as extracted herein below :- (1) Lacerated wound 4 cm x 1 cm x fracture of mandible, (left half shaft); (2) Lacerated wound 3 cm x cm x upto bone - left temporal region of head; (3) Bruise - reddish black 10 x 2 cm left lower costal region in mid axillary line; (4) Bruise - reddish black 8 x 2 cm - medial to injury No.3. (5) Haemotoma 5 x 5 cm left fronto temporal region under skin, (6) Haemotoma 10 x 10 cm right parito temporal region under skin; (7) Fracture of midline of right parietal bone to right fronto temporal region upto outer orbit region, blood clot under membrane in area 10 x 8 cm underneath. Fracture bone (injury No.3) with laceration of right parietal lobe, temporal lobe and frontal lobe in area of 5 x 5 cm. In his opinion, the Doctor stated that mode of death was coma produced by head trauma.

(3.) In further sequel of investigation, the clothes of the deceased were seized from the Hospital. On the basis of the memo of the accused, a 'Kharaliya' was recovered from him and after recording the statements of witnesses, the accused was prosecuted.