SURESH BEHRA Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 23/5/2008 convicting the appellant for the offence punishable under Section 302 of I.P.C. and punishing him with life imprisonment and with fine of Rs.5000/-. In default of payment of fine, the appellant is to undergo simple imprisonment for three months.

(2.) SHORN of unnecessary details the facts alleged by the prosecution are as follows: The appellant, deceased Pratap, Daitari Shetty,(PW.4), Rukesh Behra (PW.8), one Sunil and one Guna were residing together in a room taken on rent from Shaikh Abdul Riyaz (PW.3) All these persons were employed as plumbers/helpers with one Banbihari Das,(PW.5) On 1/11/2005, the Diwali day at about 9.00p.m., PW.5 had visited the room and paid wages to everybody. Pratap then gave money to Sunil to buy beer which he did. All the persons except Ravi consumed beer. Pratap requested the appellant to put on music on his V.C.D system. The appellant refused by saying that it was too late in the night and it would disturb the neighbours. On this, Pratap got angry and slapped the appellant. With this, a fight ensued between the two. Then Ravi, Daytari, Sunil and Guna, one by one, left the room leaving the appellant and the deceased alone. All of them went to the room of PW.9 and spent the night there.

(3.) DR. Andre V. Fernandes, PW.13 who had conducted the post mortem examination on the body of Pratap found that it had eleven injuries, out of which, six were on the head and others on other parts of the body. The location of the injuries on the head were at (i )above medial end of left eyebrow (ii) near right ear (iii) over right temple (iv) 2 cms on the right of mid-line at the back of the head (v) left malar region to tragus of left ear. The last injury had glass pieces embedded within. As a consequence of injury no.1, the right eyeball had been displaced. There was fracture of skull with all the injuries to the head. The doctor opined that -the cause of death was due to cranio cerebral damage vide injuries nos.1 to 3 consequent to forceful impact by heavy blunt object.- As regards the time of death he opined that it was approximately within 24 hours prior to preservation in the morgue.