The court affirmed that circumstantial evidence, including DNA and ballistic reports, established the appellant's guilt for murder, rejecting claims of provocation.

JUDGMENT :

Binod Kumar Dwivedi, J.

This appeal under Section 374 of Code of Criminal Procedure, 1973 (hereinafter referred as, 'Cr.P.C.') has been preferred by appellant / convict against judgment and order dated 08/03/2016 passed by III Additional Sessions Judge, Dewas (M.P.) in Sessions Trial No.115/2013, whereby the appellant Piyush Sharma @ Kaka has been convicted under Section 302 and 449 of Indian Penal Code, 1860 (hereinafter referred as, 'IPC') and Section 25(1-B)(A) read with Section 3 and 27 of the Arms Act, 1959 and sentenced to under to Life Imprisonment with fine of Rs.25,000/-, 10 years RI with fine of Rs.10,000/-, 05 years RI with fine of Rs.5,000/- and 07 years RI with fine of Rs.5,000/- with usual default stipulation for respective offences.

2. The prosecution story as emerged during trial briefly stated is that complainant Neelesh Pathak (PW-1) on 16/02/2013 at about 09:50 hours came to the Police Station Kotwali, District Dewas and reported that today at about 08:00 to 08:30 pm he, his brother Mukesh @ Monu Pathak (now deceased) and his brother's wife (Bhabhi) were at their home. Appellant / accused Piyush Sharma @ Kaka, friend of his brother came in the drawing room and demanded Rs.19 Lakhs from his brother deceased Monu, as his brother Monu has lent out Rs.1,00,000/- on interest from appellant to Patwardhan Sahab. Patwardhan Sahab has committed suicide. Appellant was demanding amount from his brother Monu, which was due allegedly to him from Patwardhan Sahab. His brother was unable to pay such huge amount of interest. When Monu told appellant that he is unable to pay such huge amount, appellant got enraged. He by his mobile phone managed conversation between Monu and co-accused Vishal Sharma, brother of the appellant. Vishal Sharma hurled filthy abuses on phone to Monu and threatened to kill him if he did not pay the money.

3. After that Vishal Sharma himself had conversation with appellant and after appellant became infuriated and asked Monu to vacate the house immediately, which Monu refused. After this appellant fired from pistol on chest of his brother Monu and fled away. His parents also came witnessed appellant Piyush shooting Monu. After the incident, he along with Lalit, friend of his brother, who also witnessed the incident rushed injured Monu to Sanskar Hospital, where doctor declared him dead. Appellant Piyush on exhortation of Vishal Sharma, due to money transaction shot dead Monu. Jabbar Khan (PW-33) ascribed Merg intimation No.13/2013 (Ex.-P/51) under Section 174 of Cr.P.C. on written information (Ex.-P/34) received from Sanskar Hospital to the effect that deceased Mukesh Pathak was brought dead to the Hospital.

4. Investigation was started. Safina Form (Ex.-P/3) was issued for preparing of Naksha Panchayatnama of dead body of deceased Mukesh @ Monu and in the presence of witnesses Naksha Panchayatnama (Ex.- P/4) was prepared. An application (Ex.-P/49) for conducting autopsy on the dead body was given.

5. Autopsy on dead body was conducted by Dr. H. S. Rana (PW-31) at District Hospital, Dewas. Dr. H. S. Rana (PW-31) found that there was a wound on the left side of chest of the deceased. Right lung was fractured and blood was found in pleural cavity. One entry wound was found in head of pericardial cavity, which affected left ventricle of heart after that it entered interventricular septum and also affected right lung through mediastinal. To ascertain the place of bullet, dead body was sent for x-ray and after ascertaining the place of bullet it was removed. Clothes of the deceased, blue denim colour shirt, vest and hairs, which were found in the right hand of the deceased, along with bullet were sealed and handed over to the police. Doctor has opined that the death of the deceased was due to cardiogenic shock and excessive bleeding, which was due to rupture of heart by bullet injury. Death of the deceased was of within 24 hours of when the postmortem was conducted. Injury found on the person of the