Mother's testimony lands 53-year-old man in jail

“The mother of the deceased and the accused is most unlikely to implicate her own son for the murder of her another son as thereby she would lose her both the sons and therefore, her testimony is totally trustworthy,” Additional Sessions Judge Nisha Saxena said while sentencing Subhash to life imprisonment.

Subhash and his younger brother Rajender — the victim — lived with their mother Ram Dulari. While Rajender worked as a conductor and looked after day-to-day expenses, Subhash was not working and was an alcoholic.

According to the prosecution, on July 15, 2008, the brothers had a fight. Subhash pushed Rajender, as a result of which his head hit the corner of a staircase. Thereafter, he hit him with a club and a broken brick which was lying there.

The mother intervened and the Subhash fled the spot. Rajender was taken to GTB hospital where he was declared brought dead. The court, after going through all evidence, refused to show leniency to the convict saying he used such force to inflict injuries upon the deceased that it caused depressed fracture of the skull.

“Besides, there were at least 16 injuries on vital organs including scalp and temple which were together sufficient to cause death. The force used to cause them proves the intention of the accused to cause them,” the court noted.

It was held that “even if the intention was to inflict bodily injuries sufficient to cause death and did not extend to the intention of causing death, the offence would be murder.”

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