TULASIRAM BAG Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal assails the order of conviction and sentence passed against the appellant under Section 302 of the Indian Penal Code for commission of offence of murder of Ganeswar Bag who is no other than his paternal uncle.

(2.) The prosecution case as narrated in the trial Court's judgment is as follows: On 5.6.1993 in the afternoon there was an altercation between the appellant Tulsiram Bag and the deceased Ganeswar Bag for discharging filthy water which followed by an exchange of slaps between them. On 6.6.1993 morning the appellant Tulasiram Bag to avenge his prior enmity against the deceased Ganeswar Bag went out being armed with an axe towards Bindhanigudi side. At about 10.00 A.M. when deceased Ganeswar Bag with his nephew Chitrasen Bag (P.W. 2) was returning from river "Tela" after taking bath, the appellant suddenly appeared and inflicted two successive blows aiming at the head of Ganeswar Bag. But deceased Ganeswar in order to ward off the blows raised both of his hands and the blow hit on the right upper arm of the deceased causing some injuries. Ganeswar apprehending further danger to his life ran towards Bindhanigudi side and the appellant is said to have chased him and given a blow on the head of the deceased Ganeswar by an axe. The informant Dhanmat Jani (P.W 1) was also present at that time as he was returning from the river side. P.W. 4 Motharam Bag was alleged to be present at the spot. The father of the appellant also reached the spot and is alleged to have assaulted the deceased Ganeswar Bag. On receiving injuries deceased Ganeswar bag fell down on the ground and he was shifted to Titilagarh Sub-divisional Hospital. P.W. 1 lodged a report about the incident at Titilagarh police station and a case was registered against the appellant and his father under Sections 341, 294 and 307 read with section 34, I.P.C. On receiving report, the investigation was carried out. The 1.0. proceeded to the spot and on the way he noticed the injured being brought to Titlagarh Sub-divisional Hospital. Since the condition of the deceased appeared to be serious, lie was referred to V.S.S. Medical College & Hospital, Burla on 6.6.93 and despite treatment Ganeswar collapsed on account of his injuries. After the death of Ganeswar on 10.6.93 the case was turned into a case of murder under Section 302/34, IPC.

(3.) Prosecution in order to bring home the charge examined 20 witnesses. But in order to determine the culpability of the appellant the evidence of P.Ws. 1, 2 and 4, who claim to be eye witnesses, is important. P.Ws. 5 and 20 are the Medical Officers who had treated the deceased and also conducted post-mortem examination. The evidence of P.Ws. 1, 2 and 4 goes a long way to hold that the appellant had dealt the blows on the head and right arm of deceased Ganeswar.