JUDGMENT :

Sanjay K. Agrawal, J.

1. This criminal appeal preferred by the appellant under Section 374(2) of Cr.P.C. is directed against the impugned judgment dated 16.01.2014 passed by learned Sessions Judge, Korba, in Sessions Trial No.52/2013, by which the appellant herein has been convicted for the offence under Section 302 of Indian Penal Code and sentenced to imprisonment for life with fine of Rs.2,000/- and in default of payment of fine, further 1 year imprisonment.

2. Case of the prosecution, in short, is that the appellant and deceased both were brothers and residing separately in one house and admittedly on the date of offence, dispute regarding partition of ancestral property was in existence. On the date of incident, on 21.04.2013, at about 3:00 P.M., the deceased Pooran Singh abused the appellant herein on the pretext of partition and assaulted him by wooden log on which the appellant pushed the deceased by which the deceased collided with the wooden door frame and thereafter fell into the ground and suffered injuries and ultimately succumbed to death. The appellant informed the said incident to the village Kotwar Ganesh Das and Ganesh Das visited the house of the appellant and had seen that the dead body of Pooran Singh was lying in his courtyard and the matter was reported by the village Kotwar (PW-1) to the police.

3. Thereafter, the police reached to the spot and registered the FIR vide Ex.P-1 and spot inspection map was prepared by Ex.P-2 and thereafter the inquest has been prepared vide Ex.P-10 and upon the recommendation of panchas, the dead body was subjected to post-mortem, which was conducted by Dr. Jyoti Sahu (PW-4), who has proved post-mortem report vide Ex.P-11. According to the post-mortem report, the cause of death was due to shock and coma and death was homicidal in nature. Pursuant to the memorandum statement of the appellant, bamboo stick was recovered which was sent for FSL and query report has been obtained by Ex.P-1, but no FSL report has been brought on record. According to the Doctor, the injury could have caused by such bamboo stick. After due investigation, the appellant was charge-sheeted for the offence under Section 302 of I.P.C. and committed to the Court of Sessions for trial in accordance with law, in which the appellant abjured his guilt and stated that he has not committed the offence.

4. In order to bring home the offence, prosecution examined as many as 7 witnesses and exhibited 18 documents and the appellant-accused in support of his defence has neither examined any witness nor exhibited any document.

5. The trial Court, after appreciation of oral and documentary evidence on record, convicted the appellant herein for the offence under Section 302 of I.P.C. and sentenced as above, against which the present appeal has been preferred.

6. Mr. Samir Singh, learned counsel for the appellant submits that the wooden log is alleged to have been seized, but no bloodstain has been found, as no FSL report has been brought on record. He further submits that the extra judicial confession made before Sudhram (PW-2) is not reliable, which is a weak piece of evidence; as such, the conviction of the appellant is liable to be set aside and the appeal deserves to be allowed.

7. Mr. Avinash Singh, learned State counsel submits that the prosecution has been able to bring home the offence beyond reasonable doubt, therefore, conviction of the appellant for the offence under Section 302 of I.P.C. is well merited and the appeal deserves to be dismissed.

8. We have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection.

9. The first question for consideration would be whether the death of deceased Pooran Singh was homicidal in nature, which the learned trial Court has answered in affirmative holding the death of the deceased to be homicidal in nature relying upon the post mortem report Ex.P-11 proved by Dr. Jyoti Sahu (PW-4)