JUDGMENT

Patra, J. :- The appellant and his elder brother Jogendra Kar were tried on charges under Section 328/302, Indian Penal Code for committing the murder of their youngest brother Baburi Kar by administering poison to him. Jogendra was acquitted but the appellant was convicted for the offences with which he was charged and was sentenced to imprisonment for life for is conviction under Section 302, I.P.C., but no separate sentence was imposed for his conviction under Section 328, I.P.C.

2. The deceased Baburi Kar who was the youngest of the three brothers was running a sweetmeat stall in Pakistan and was remitting money to his brother Gajendra Kar who was staying in the village, for the maintenance of the family. Jogendra Kar was working as a Panda for the pilgrims at Puri. The money which Gajendra was receiving from time to time was being utilised for purchase of lands. Round about the year 1964 Baburi came back from Pakistan to his village and the brothers lived jointly. In course of time, disputes arose amongst the brothers regarding division of the properties and the matter reached a climax during Raja festival of the year 1966. The disputes were referred to a Panchayat fo