JAYANTA KUMAR BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal assails the order dated 9-4-1997 passed by the learned Sessions Judge, Cuttack, passed in Sessions Trial No. 511 of 1995, whereby the appellant has been convicted under Sections 302/324 of the Indian Penal Code (in short, IPC) and sentenced to undergo imprisonment for life and rigorous imprisonment for two years respectively; the sentences to run concurrently.

(2.) The brief narration of the prosecution case is as follows: In the afternoon of 6-5-1995, the appellant dealt a Bhujali blow on Diptikant Behera (P.W.1) a boy aged 12 years, while the latter along with others was attending to tuition imparted by Chandra Sekhar Naik (P.W.5) on the verandah of one Babaji Charan Swain. On seeing the attack on P.W.1 the teacher (P.W.5) caught hold of the appellant, whereupon the appellant bit his cheek and pushed him, as a result of which, apart from sustaining bleeding injury, P.W.5 became unconscious and was shifted to Mahanga P.H.C. for treatment. Thereafter, the appellant attacked another boy named Trinath Behera and dealt Bhujali blows on him in presence of Ramesh Chandra Behera (P.W.2), and Dillip Behera (P.W.3). Though Trinath was taken to the S.C.B. Medical College and Hospital, Cuttack for treatment, he succumbed to the injuries. However, the appellant did not stop there and again attacked Indramani Behera (P.W.8), the uncle of P.W.7 and dealt a Bhujali blow on his head. Seeing this, when P.W.7 went to the rescue of P.W.8 the appellant bit her right index finger. At that time, Unpendranath Sahu (P.W.9), the husband of P.W.7, came and snatched away the Bhujali (M.O.I.) from the appellant, which was produced before the Investigating Officer during investigation.

(3.) P.W.5 lodged F.I.R. at Mahanga P.S. on the same day at about 5.30 P.M., on the basis of which a case was registered and investigation taken up. In course of investigation, the injured persons were medically examined by the Medical Officer of Mahanga P.H.C. (P.W.4) on police requisition. After the death of Trinath, inquest was held and the dead body was sent for post mortem examination, which was conducted by Dr. Nayan Kishore Mohanty (P.W.10). The appellant was arrested and his wearing bloodstained Lungi (M.O.IV) and blood stained Ganju (M.O.III) were seized. The seized incriminating materials were sent for chemical examination. On completion of investigation, charge-sheet was placed against the appellant.