LAIKNAN KHATIA Vs. THE STATE

JUDGEMENT

(1.) THE Appellant has been convicted under Section 302 , Indian Penal Code and sentenced to R.I. for life. He has further been convicted under Section 201 and sentenced to R.I. for five years, both sentences to run concurrently.

(2.) THE deceased Budu Khatia is the younger brother l of the accused. They separated several years prior to the occurrence. There was some dispute between them regarding the price of a calf which the deceased sold for Rs. 65 / - but did not give the Appellant his share in the money. It is also alleged that the deceased did not give the accused his share in the sale -proceeds of a necklace belonging to their mother (p.w.1). The prosecution case is that on 25 -10 -1964, when the Appellant found the deceased alone in a place called Bhalududuma Jholi he killed him by giving blow on his neck with a bill -hook (a sharp weapon locally called Gagada Kati') and that very night with the help of his son (p.w.11) threw the dead body into the river Kolab. As the deceased did not return home for three to four days, his mother (p.w.1) became suspicious and made queries from the accused, but the latter gave evasive replies saying that he would kill her as he had killed his brother. P.w.1 brought this matter to the notice of the villagers. A punchayati was held in the village where the accused admitted to have killed his brother at Bhalududuma Jholi (hereinafter called as the 'Jholi). He also led the Punch to the place where he committed the murder. P.w.2, a member of the Punch reported this matter to the police. The police, however, could not trace out the dead body as it was thrown at a place where the water depth was about 30'. From the place of occurrence only some bloodstained earth and leaves containing blood were seized. The billhook, M.O.I., a blood stained Chaddar of the deceased (M.O. II) and the wearing apparels of the accused M.Os. IV and VI "> ( M.Os. IV and VI) were recovered from the house of the accused. After investigation was complete, the Appellant was charge -sheeted and committed to the Court of sessions to stand his trial for offences under Sections 302 and 201, Indian Penal Code and was convicted and sentenced as hereinbefore stated.

(3.) ON the basis of the aforesaid evidence, the learned Sessions Judge found that it was the Appellant who had committed the murder and tried to cause disappearance of the evidence of murder by throwing the dead body into the river Kolab.