to sell out the joint family property and the appellant used to object the same. On the date of incident i.e. 17.10.2012 the deceased, after consuming liquor, a quarrel took place in between accused/appellant and deceased in connection with sale of house property and in that process, the accused/appellant gave a club blow to the head of the deceased as a result of which he started bleeding and died on the spot. At the instance of accused/appellant, FIR (Ex.P-14) under Section 302 of IPC was recorded on 17.10.2012 at 2 pm against the accused/appellant. Merg Intimation (Ex.P-13) was registered at 2.05 p.m. on the same day. Inquest over the body was prepared vide Ex.P-4. Dead body was sent for postmortem examination which was conducted by Dr. S.S. Tomar (PW-3) vide Ex.P-8 and he noticed one crushed injuries in occipital region of 11x2cm in size and occipital bone came out from occipital region. The autopsy surgeon has opined that cause of death was due to cardio respiratory arrest because of shock along with asphyxia due to head injury and the death was homicidal in nature. One club and clothes of accused both having blood like stains were seized from the accused/appellant vide Ex.P-5 & P-7 respectively. After completion of investigation, charge sheet was filed against the accused/appellant and accordingly, the charge under Section 302 IPC was framed against him by the trial Judge.
