The main legal point established in the judgment is the reliance on corroborated eyewitness testimonies, medical evidence, and forensic reports to uphold the conviction under the relevant sections of the Indian Penal Code.

SANJIV KHANNA, J (ORAL)

1. The appellant Titoo by the impugned judgment dated 21.04.2015 has been convicted under Section 302 of the Indian Penal Code, 1860 (IPC) for murder of his mother Kiran and under Section 323 of the IPC for having caused injuries to his brother Deepak at about 10:30 AM on 08.11.2011.

2. By order on sentence dated 27.04.2015, the appellant has been sentenced to imprisonment for life, fine of Rs. 5000/- and in default of payment of fine, to undergo six months imprisonment for the offence punishable under Section 302 IPC. For the offence punishable under Section 323 IPC, the appellant stands sentenced to undergo six months imprisonment with fine of Rs. 1000/- and in default of payment of fine to undergo two months imprisonment. Sentences are to run concurrently.

3. Having heard counsel appearing for the appellant and the Public Prosecutor we are of the opinion that the impugned judgment convicting the appellant on both accounts should be sustained.

4. Deepak (PW-4), younger brother of the appellant aged about 10-12 years, in his court deposition has stated that he was present in the house along with his mother Kiran on the date and time of occurrence. His elder brother Titoo at about 10:00AM had started demanding money from his mother, which was refused. On this Titoo became angry and started fighting with his mother and gave fist blows and then picked up a ‘Belan’ (rolling pin) and gave her several blows with the ‘Belan’ on her head. Deepak (PW-4) had tried to intervene and save his mother, on which Titoo had hit PW-4 with leg and fist blows. His younger brother Rahul, who was also present there, ran out to make a call to his father. Blood started oozing out from his mother’s head and she fell unconscious. The appellant while running away took his younger sister Jyoti with him. He had narrated the incident to the police when they came to their house. In the cross-examination, PW-4 clarified that Jyoti was subsequently found at the house of their neighbour Hemu. He also clarified that the appellant had hit him on his head with the Belan and blood had started oozing. He was medically examined. He had raised an alarm but no one from the neighbourhood came to their house, except one old lady whose name he did not remember. The said lady had left the place after seeing the condition of his mother. The appellant used to live with them but sometimes used to leave the house for many days. Titoo had never caused injuries or fought with the neighbours or their children earlier. Titoo would daily go for work with his father but on the said day he had not gone for work with his father.

5. Rahul (PW-9) was about eight years of age when he was examined in the court. He has stated that he was playing outside the house, while the appellant came in the house in an underwear. Titoo had injection marks on his hand and stitch marks were visible. Titoo had given beating to his mother on her chest, then on her head and stomach. He had used a ‘Belan’ to beat his mother. His elder brother Deepak who also was present in the house was also beaten. He had rushed to the STD booth and informed his father on telephone that the appellant Titoo was beating his mother. Phone number of his father written on a piece of paper, was handed over to the aunty sitting in the PCO. Subsequently, he went to the house of Khem and told him that the appellant Titoo was beating his mother. Khem had asked him to sit in his house. Police had subsequently made enquiries and recorded his statement. In his cross-examination, Rahul (PW-9) accepted that Titoo had not beaten him and also accepted that Titoo had never quarrelled with any neighbour or caused injuries to them. He denied the suggestion that he was tutored by his father to give statement against Titoo due to family dispute.

6. The aforesaid version of Rahul (PW-9) and the version of the injured eye-witness Deepak (PW-4) get confirmation and corroboration from the statement of Prem Pal (P