FAKHRUDDIN, J. - (1.) Heard learned counsel for the parties.
(2.) The appellant has preferred this appeal against the judgment delivered on 24-11-2000 in Sessions Trial No. 49/99 by the IInd Additional Sessions Judge, Raigarh, whereby he has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life and fine of Rs. 500/-, in default of payment of fine, to further undergo, R.I. for 4 months, for committing murder of his brother Shashibhushan.
(3.) Briefly stated that prosecution, story is that P.W.-1 Shivlal had four sons. Deceased Shashibhushan, accused Suraj, Jwala and Digambar. Accused Suraj, deceased Shashibhushan, Jwala were living with the father P.W.-1 Shivlal. Suraj was earning separately. Five months before the date of incident, all the four brothers had given a loan to their brother-in-law Digri (PW-5). The deceased took back Rs. 2000/- from Digri without disclosing this fact to the accused. When Suraj came to know this fact he got annoyed with Shashibhushan and used to remain quiet and in spite of asking he was not speaking much. On 23-4-1998 (Thursday) they took meals in the night. Shashibhushan slept in the courtyard and adjoining to him Suraj, Guddu alias Kailash (daughter's son of Shivlal) also slept. Wife of deceased-Shashibhushan namely Basanti was sleeping in her room. Shivlal was sleeping inside the room near the door. On 24-4-1998 at about 4.00 a.m. Shivlal heard the sound of assault-Khach Khach, then he went to courtyard and saw that Shashibhushan was lying dead and he had injuries on his neck and blood was oozing. Accused Suraj was not there in the adjoining cot. He noticed that Suraj was going from backside towards jungle. Then Shivlal went to Bengandih and told the incident to Kotwar Jagdish and went along with Jagdish to Police Station and lodged the First Information Report (Ex.P/1). J. P. Singh (PW-14) recorded the FIR and merge No. 20/1998 (Ex.P/26). The Investigating Officer went to the spot and prepared spot map (Ex.P/2). Notice (Ex.P/5) was given to Panchas and panchnama (Ex.P/17) of the dead body was prepared. Dead body was sent for post mortem. Post mortem was conducted by Dr. R. P. Patel (PW-7) and the report is Ex.P/10. The deceased sustained six injuries. The accused was arrested and Ex.P/13 memorandum was recorded. On his memorandum blood stained Tangi as per Ex.P/14 was seized. The plain earth and blood stained earth was seized. A cotton Lungi from the person of the accused was seized as per Ex.P./18 and was sent to FSL. After the investigation challan was filed.;