NARBADI Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been filed by the accused-appellant against judgment dated 19.12.2007, passed by Sessions Judge Sagar, in Sessions Trial No.295/2007 whereby the appellant has been convicted for offence under Section 302 of Indian Penal Code and sentenced to life imprisonment with fine of Rs.500/- with default stipulation.

(2.) It is not in dispute that the deceased Sukhram and the appellant Narbadi are real brothers. As per the prosecution case, a property dispute took place between the appellant and deceased Sukhram. Both were residing at Village Dhawara, Police Station, Baritha, District Sagar. On 30.6.2007 at about 100 am Shukram was sleeping in courtyard of his house. His father Heeralal, Manoj and Nandu were also sleeping there. In the intervening night another brother of Sukhram, Jai Ram was also sleeping nearby his family members. Suddenly he woke up and saw appellant-Narbadi armed with an axe. When Jai Ram asked the appellant, he replied that he would kill Sukhram. He inflicted blows of axe on sleeping Shukram. As a result of which, Sukhram died on the spot. Other family members also woke up. Thereafter appellant-Narbadi entered inside a room and closed the door from inside. Witness to the incident Jai Ram and others reached at the Police Station Baritha. Jai Ram lodged the FIR against the appellant at police station Baritha. After investigation, police filed a charge sheet against the appellant for the offence under Section 302 of IPC.

(3.) The appellant was charged for offence under Section 302 of IPC. He abjured guilt, pleaded innocence and claimed to be tried. The trial Court convicted the appellant for offence under Section 302 of IPC on the basis of occular/direct evidence supported by the medical evidence and sentenced as mentioned above.