SOMA KIRSANI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE order of conviction and sentence under Section 302, I.P.C passed by the learned Sessions Judge, Koraput -Jeypore against the appellant directing him to undergo rigorous imprisonment for life has been assailed in this appeal.

(2.) THE prosecution case, briefly stated is as follows : on 3.9.93 at about 4.00 P.m. the appellant assaulted Buda Muduli by giving an axe blow to his left side neck near the ear causing profuse bleeding as a result of which Buda Muduli died instantaneously at the spot i.e. near the land of p.w..2 -Ghasi Muduli.

(3.) IN this background it has to be first determined whether Buda Muduli met a homicidal death on account of axe blow dealt by the appellant. P.W.1, Dr. Shashi Bhusan Mohapatra who held the post the post mortem examination, opined that the deceased met a homicidal death having received cut injury on the left side of the face extending from angle of mouth 1 1/2 " away till 2" beyond angle of the mandible of size 5"x 2"x 3". It was further noticed from the post mortem report that P.W.1 on dissection found that there was a fracture of mandible below the external injury which also cut the large vessels of that area. The muscle Massettor and sternocleidomastoid of the left side were cut. These internal injuries however corresponded to the external injury. P.W.1 further opined that the injuries were caused by a heavy weapon with sharp blade of at least five inches length like an axe and the death must have been caused due to haemorrhage and shock and due to profuse bleeding from the cutting of the large vessels of the neck on the left side. He also opined that those injuries were ante -mortem in nature and sufficient in ordinary course of nature to cause death. Therefore, on reading of the post -mortem report(Ext. 1), we are of the firm opinion that the deceased met a homicidal death as a result of the injuries inflicted by an axe which was marked as M.O.I in the trial court.