PABITRA PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant has challenged the judgment dated 26-8-1997 passed by Shri S. C. Misra, Sessions Judge, Puri in S.T. No. 401 of 1995 convicting him under S. 304, Part I of the Indian Penal Code (for short 'IPC') and sentencing him to undergo rigorous imprisonment for ten years.

(2.) Briefly stated, the prosecution case runs as follows :On 25-4-1995 at about 8 p.m. the appellant (hereinafter referred to as 'the accused') due to a sudden quarrel assaulted deceased-Babula Das alias Bhoi in front of the grocery shop belonging to Bhagaban Sahu (P.W. 8) at Atharnala, at the outskirt of Puri Town by means of a bamboo stick on his head, as a result of which the deceased fell down sustaining profuse bleeding injuries on his head and also on his back and left leg. He was immediately removed to hospital for treatment. P.W. 5, father-in-law of the deceased, getting information about the occurrence rushed to the hospital and at about 12 midnight he lodged written report (Ext. 3) before P.W. 13, an S.I. of Police attached to Puri Sadar P.S., who treated the same as FIR under S. 307, I.P.C. read with S. 3 of the S.C. and S.T. (P.A.) Act and directed P.W. 12, an A.S.I. of the said P.S. to take up investigation. During investigation P.W. 12 visited the spot, examined the informant and other witnesses and issued requisition for medical examination of the injured. The injured was shifted to the S. C. B. Medical College Hospital, Cuttack for treatment on 27-4-1995 where he succumed to the injuries. P.W. 13 took over charge of investigation from P.W. 12 on 27-4-1995 after receiving information from the I.I.C. of Mangalabag P.S., Cuttack that the deceased succumbed to the injuries. P.W. 13 arrested the accused on 27-4-1995 and while in police custody the accused led P.W. 13 to recovery of the bamboo lathi, the weapon of offence, which he had concealed in the house of one Babaji Charan Patra. P.W. 13 seized the said lathi (M.O.I.) under the seizure list Ext. 2. He also seized a blood-stained napkin (M.O. II), sample hair of the deceased under the seizure-list Ext. 5 on production by a Constable after the post-mortem examination of the deceased. P.W. 13 also seized one stone (M.O. III) under the seizure list Ext. 4 from the spot since it was alleged that the accused attempted to assault the deceased by means of the said stone, which had been snatched away by P.W. 9. He sent the seized lathi (M.O.I.) for examination and opinion by the Medical Officer as to whether the injuries found on the deceased could have been caused by the said lathi and the medical officer opined in the affirmative. The seized napkin (Lungi) and hair of the deceased were sent for chemical examination. After completion of investigation, P.W. 13 submitted charge-sheet under S. 302, I.P.C. and S. 3(2)(v) of the S.C. and S.T. (P.A.) Act and the accused stood his trial. The learned Sessions Judge found the accused not guilty of the said charge, but found him guilty under S. 304, Part I of I.P.C. and inflicted the sentence as stated earlier.The accused pleaded not guilty to the charge and the defence plea was of complete denial.

(3.) In order to bring home the charge against the accused, prosecution examinedthirteen witnesses in all, of whom P.W. 5 is the informant, P.Ws. 1, 8 and 9 are eye-witnesses to the occurrence and P.W. 2 is the medical officer who conducted post-mortem over the dead-boy of the deceased and submitted his report, Ext. 1. P.W. 10 is another medical officer who treated the injured at the Puri Headquarters Hospital after his admission. P.W. 3 was a witness to seizure of the lathi (M.O.I.) who turned hostile and was cross-examined by the prosecution. P.W. 4 was another witness to seizure of the lathi (M.O.I.). P.W. 6 is the brother of the deceased who reached the spot after the occurrence and removed the injured for treatment to the District Headquarters Hospital, Puri. P.W. 7 was a witness to seizure of the stone (M.O. III) from the spot and the napkin (M.O. II) on production by a Police Constable. P.W. 11 is the A.S.I. of Mangalabag P.S., Cuttack who conducted inquest over the dead-body of the deceased and sent the dead-body for post-mortem and also sent the wearing apparel and hair of the deceased to the I.O. P.Ws. 12 and 13 were the I.Os. Learned Sessions Judge placed reliance on the statements of P.Ws. 1 and 9 as also on other circumstancial evidence available on record and convicted the accused as stated above.