Pritinker Diwaker, J. - (1.) This appeal arises out of the impugned judgment and order dated 07.10.2008 passed by the Additional Sessions Judge/Special Judge, E.C. Act, Jhansi in Sessions Trial No.323 of 2004 (State vs. Ram Babu), convicting the appellant under Section 302 of IPC and sentencing him to undergo rigorous imprisonment for life.
(2.) In the present case, name of the deceased is Govind, younger brother of the accused appellant Ram Babu. It is alleged that both the brothers were having a dispute over a Hand Pump. On 8.10.2004 at about 8:00 pm, the appellant entered the house of his brother Govind, abused him and gave two knife blows near his chest and stomach. Injured was taken to hospital where he was declared brought dead. On 8.10.2004 at 10:05 pm, FIR (Ex. Ka.14) was lodged by (PW-1) Jai Prakash, another brother of the appellant and the deceased. Based on this FIR, offence under Sections 302 and 323 of IPC, was registered against the appellant. Inquest (Ex. Ka.8) was conducted on 9.10.2004 and the body was sent for postmortem which was conducted on the same day by (PW-5) Dr Ashok Upadhyay, vide Ex. Ka.2 and as per Autopsy Surgeon, the following two injuries were found on the body of the deceased: "(1) I.W. 2 x 1 1/2 cms x chest cavity deep on Rt. Side Chest. 11 cms below Rt. Collar bone and 8 cms medial to Nipple III and IVth Rib. Fractured on Rt. side. (2)I.W. 5 x 2 cm x muscle deep on Lt. lateral aspect of chest 7 cms below Lt armpit." As per Autopsy Surgeon, the cause of death of the deceased was shock and haemorrhage due to anti mortem injuries.
(3.) On the disclosure statement of the appellant, vide Ex. Ka.5, his clothes and one knife were seized and as per FSL report, blood was found on the clothes of the appellant and the knife seized from him, and the blood was of 'B' group. Blood group of the deceased was also found to be of 'B' group.;