UMAKANTA MAHANTA Vs. THE STATE

JUDGEMENT

(1.) THE appeal is directed against the judgment and order dated 1 -12 -1986 of the learned Sessions Judge, Mayurbhanj convicting the appellant under Sections 302, IPC and 25(a) of the Arms Act and sentencing him respectively to imprisonment for life and R.I. for six months, the sentences being directed to run concurrently.

(2.) PROSECUTION case briefly stated, is that the parties belonged to village Kendumundi under Jharapokharia P. S., district Mayurbhanj. The incident took place around 9 O'Clock in the night of 23 -3 -1985. The deceased Surendra along with Girish (P.W.9), Sachindra (P.W.2) and Bira (P. W. 3) had been to answer the call of nature to a pond in the Bari of P.W. 9. After easing P.Ws. 2 and 3 left the place while P.W. 9 and the deceased stayed back and were washing themselves after easing. At that time two persons came near the bank of the pond seeing whom the deceased stood up and flashed the torch he was carrying and at that time the person standing behind the accused also flashed the torch towards the deceased. At that point of time the accused fired at the deceased from a country made gun. The deceased fell down and cried out for help. At that time P.W. 9 was nearby. Hearing the alarm P.Ws. 2, 3 and others came near the deceased and found him lying with bleeding injuries on his left side chest, belly and arm and he was groaning under pain. The deceased was immediately removed to Bangriposi hospital, where he was given first -aid and his dying declaration recorded by the doctor, P.W. 14. No facility for treatment being available at Bangriposi P.H.C., P.W. 14 referred the case to the District Headquarters hospital at Baripada. It appears that from Baripada, the deceased was being taken to Cuttack for treatment, but he died on the way at about 7 p.m. on 24 -3 -85, P.W. 3 in the meantime had reported about the incident at Jhadpokharia P.S. in the night of 23 -3 -1985 at about 1 -30 a.m. P.W. 15 the officer -in -charge of the P. S. registered a case and took up investigation. He visited the spot, examined witnesses, made seizures of broken pieces of country made gun and took various other steps in the investigation of the case. P.W. 5 the A.S.I. of police attached to Jhadpokharia P. S. held inquest over the dead body of the deceased at Baripada hospital and sent the dead body for post -mortem examination. P.W. 8, the successor in office of P.W. 15 took charge of investigation of the case on 27 -5 -85, and on completion of investigation submitted charge sheet against the accused.

(3.) IN support of its case prosecution has examined as many as 15 witnesses of whom P.W. 3 is the informant, P.W. 9, the sole eye witness to the occurrence, P.Ws. 1 to 3 witnesses to oral dying declaration, P.W. 14 the doctor conducting autopsy on the dead body of the deceased, P.W. 14 the first doctor giving first -aid to the deceased and recording his dying declaration, P.W. 5 the A.S.I. of police holding inquest, P.W. 6 the constable accompanying the dead body, P.Ws. 7 and 10 seizure witnesses, P.W. 15 the I.O. conducting the investigation and P.W. 8 succeeding I.O. taking over charge from P.W. 15 while P.Ws. 11, 12 and 13 who were supposed to have sold some fire arm and connected materials to the appellants were declared hostile. Prosecution case rests on the direct evidence of the eye -witness, P.W. 9, oral dying declaration of the deceased in presence of P.Ws. 1, 2 and 3 and the dying declaration Ext. 19 recorded by P.W. 14 the medical officer of Bangriposi P.H.C., as also the medical evidence of the doctor, P.W. 4, besides the seizure of broken parts of fire arm and empty cartridge. The learned Sessions Judge on a careful analysis of the entire evidence on record, the facts, circumstances and broad probabilities of the case came to hold that it was the appellant and none else who fired from the country made gun at the deceased and thereby caused his death. Accordingly he found him guilty Under Section 302, IPC and Under Section 25(a) of the Arms Act and sentenced him to imprisonment for life and six month's R.I. respectively.