BAWAN Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been filed by the appellant being aggrieved by the judgment dated 28.09.2007 passed by the Additional Sessions Judge, Burhanpur (M.P.) in S.T. No.276/2005 by which the trial Court has held the appellant guilty of an offence punishable under section 302 of the Indian Penal Code and sentenced him to undergo life imprisonment.

(2.) The prosecution case, in brief, is that the appellant who is the elder brother of the deceased Uttam struck him with a flat piece of wood on 01.08.2005 while the deceased had bought a Vaidya for his treatment, as a result of which, the deceased suffered serious internal injuries and fractures in the tempo parietal region and hemorrhage, resulting in his death. According to the prosecution as well as two eye witnesses; Vinod (PW/1), son of the deceased and Rekha Bai (PW/9), daughter of the deceased, the deceased Uttam had bought a Vaidya from another village for the treatment of the appellant, who is stated to be suffering from some mental illness. It is stated that when the deceased and the Vaidhya were talking, the appellant struck his younger brother, the deceased from behind from a flat piece of wood on the right side of his head, resulting in injuries, which turned out to be fatal.

(3.) As per the statements of Vinod (PW/1), Rekha Bai (PW/9) and Pramila Bai (PW/10) wife of the deceased as well as the statement of Kamla Bai (PW/2), sister of the deceased, on receiving the injuries the deceased was taken for treatment to Community Health Center, Khaknar, where after giving him the primary treatment, Dr. Tarun Kumar Chauksey (PW/20) referred him for further treatment as well as for CT Scan to the District Hospital Jalgaon whereafter a CT Scan was conducted and the deceased was put on a ventilator. As per the statements of these witnesses, when the doctor gave an opinion that the chances of the deceased surviving were very slim, the family members namely; Prabhakar (PW/6) and Kamla Bai (PW/2) got the deceased discharged and brought him home, whereupon he died within two hours at their house in village Sangrampur and thereafter Prabhakar (PW/6) and other family members immediately cremated him. The First Information Report in respect of the incident was lodged by Vinod (PW/1) on the same day on 01.08.2005, whereafter the criminal law was set in motion.