(1.) Appellant has filed this appeal against the judgment dated 26.08.1995 passed by the Sessions Judge, Tikamgarh in Session Trial No. 139/1993 whereby the appellant has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo life imprisonment with fine Rs. 500/- and default stipulations.
(2.) It is not in dispute that the appellant Ramprasad and the deceased Ramfa both were real brothers. Ramfa died on 27.08.1993 due to the injuries sustained by him.
(3.) Brief facts of the prosecution case is that the appellant and the deceased resided in same place. Appellant had illicit relation with the wife of the deceased. On 27.081993 at around 5:00 pm, complainant Balkishan (PW-1) went to shop for grinding wheat. At that time deceased Ramfa was eating food. When Balkishan returned home, Durjana and Kura Dheemar informed him that Ramfa was lying dead near the nala. Thereafter, complainant Balkishan (PW-9) went there along with other villagers. He saw the dead body of his brother Ramfa. Ramfa had sustained head and other injuries. FIR was lodged by Balkishan at outpost of police station, Kudila, District Tikamgarh. On the date of incident, the appellant was absconding. On the third day, police caught the appellant. After completion of investigation, chargesheet was filed before the concerned Court under Section 302 of IPC.