KALI CHARAN BASRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this Criminal Appeal the order of conviction of the appellant under Section 304, Part -1, I.P.C. has been assailed, inter -alia, on the ground of no satisfactory evidence to prove the charge against the accused beyond all reasonable doubt.

(2.) AN old woman succumbed to the injury sustained by her on 30.11.1992 in the afternoon. The prosecution case is that the informant/P.W. No. 4 Kusal Murmu Hansda had a quarrel with the accused near the village tank at about 3 P.M. on that day. That quarrel made the accused to chase P.W. No. 4 to assault him. P.W. No. 4 running ahead could escape the attack of the accused and remained confined in his house by closing the door from inside. His mother, i.e., the deceased, who was resting on a 'charpai' in the court -yard however became the victim of the accused. As alleged by the prosecution, accused dealt several blows on the head of that old lady by use of a handle of a spade and when that was broken, by using 'Bala'. The sister of P.W. No. 4 and the daughter of the deceased, namely, Shantilata Murmu (P.W. No. 5) on seeing the assault on her mother wanted to intervene, but she was also assaulted by the accused, for which she sustained some injuries, i.e., simple hurt. According to the prosecution, the occurrence of assault was also witnessed by P.W. No. 4 the Informant and her another sister Sana Murmu (P.W. No. 6). Relating to the homicidal death, prosecution relied on the evidence of Dr. Arjun Das (P.W. No. 10), who conducted the autopsy on the dead body of the deceased and found ante -mortem the injuries. P.W. No. 7 Dr. Laxminarayan Singh granted the Injury Certificate (Ext. 6) in favour of P.W. No. 5. The post -mortem report is Ext. 10.

(3.) EVIDENCE of doctor (P.W. No. 10) and Ext. 10 clearly prove a case of homicidal death of the deceased inasmuch as the time of post -mortem examination P.W. No. 10 found two lacerated injuries respectively of the size of 1" x 1/2" bone deep on the left side of the forehead and 4" x 2" encircling the left ear with comminuted fracture of the left temporal bone over an area of 2" x 1" and those two injuries were fatal to cause death of the deceased who died due to intracranial haemorrhage and shock. That being the evidence on record, appellant does not challenge proof of the factum at homicidal death of the deceased.