JAGABANDHU KISHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal assails the order of conviction and sentence in Sessions Trial No. 118 of 1994 of the Court of Learned Sessions Judge, Sundargarh under Section 302, I.P.C. directing the appellant to undergo imprisonment for life.

(2.) The skeletal picture of the prosecution as unravelled during trial is as follows : That on 27-3-94 PW-1, Purna Chandra Kisan while he was in his house heard an outcry from house of PW-2, Dukhi Kisani. He rushed to the place of occurrence where he found the grand-daughter of Dukhi Kisani, namely, Muga alias Gurubari lying unconscious in the courtyard with bleeding injury on her neck and head. On interrogation the grand-mother of Gurubari narrated the graphic picture that while she was sleeping with Muga alias Gurubari around 1.00 p.m. the appellant being armed with a Gupti forcibly entered into their house and caught hold of Gurubari's hand and dealt successive blows on her head, neck and cheek as a reason whereof she fell down unconscious on account of severe injuries. The appellant after causing such severe injuries left the scene of incident with Gupti and took shelter in the house of one Pitambar Kisan. It is further stated that the appellant was kept confined in the house of Pitambar Kisan. A verbal complaint was lodged in Lahunipada Police Station, which was reduced to writing and a case under Sections 341, 323 and 307 of the Indian Penal Code was registered against the appellant. The Investigating Officer visited the spot, prepared the spot map, seized the Gupti (M.O.I.) and other incriminating articles and arrested the appellant. He also sent requisition to the doctor for examining the injured. He seized the blood stained cloths of Gurubari from the house where she was lying. Subsequently after Gurubari was declared dead by the Doctor, the I.O. deputed a constable to guard the dead body. He held inquest over the dead body on the subsequent day. The dead body of the deceased was sent for post-mortem examination to Bonai Sub-Divisional Hospital. The incriminating articles suspecting to be human blood were sent for chemical examination. After completion of investigation charge-sheet was placed against the appellant.

(3.) Although 11 witnesses have been examined on behalf of the prosecution, but PW-2 is said to be the linchpin for the prosecution. She is the grandmother of deceased Muga alias Gurubari Kisan. From her statement in Court it has however certified that on the date of incident the appellant caused forcible entry to their house, inflicted several injuries on different parts of the deceased by a Gupti and in course of same transaction the deceased succumbed to those injuries and declared dead by the doctor. From the evidence of PW-1, the grandmother of the deceased and PW-4, the father of the deceased, we found sufficient corroboration to the effect that the appellant fled away from the spot after inflicting the injuries on Muga alias Gurubari Kisan. PW-3 was a seizure witness and he also supported the prosecution case and corroborated the version of PW-2. Therefore, a conjoint reading of the evidence of PWs-1 to 4 there leaves no room for doubt that the appellant entered inside the house of PW-2, committed the heinous crime of causing injuries on Muga alias Gurubari Kisan, which resulted in her death. The injuries caused were such that in ordinary course of nature those would cause her death. From the evidence of Medical Officer, PW-8, who first examined it has transpired that the deceased had sustained as many as five injuries and might have been caused by sharp cutting weapon like Gupti and PW-8 declared the Muga dead. Thus the medical evidence also supports the prosecution case for determining the culpability of the appellant. The PWs-9 and 10 have also deposed about the prompt investigation which they carried immediately after lodging of the F.I.R. PW-11 was the doctor, who conducted post-mortem examination over the dead body of the deceased and found that there was five injuries on the person of the deceased which were sufficient to cause death in ordinary course of nature. Nothing has been brought out in cross-examination to shatter the evidence of the prosecution witnesses.