RATAN NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the order dated 06.05.1995 passed by the learned Sessions Judge, Koraput at Jeypore, in Sessions Case No. 187 of 1994, whereby and whereunder the appellant has been convicted under Section 302 of the Indian Peal Code (for short "IPC") for committing the murder of his father Madan Naik and sentenced to undergo imprisonment for life.

(2.) The brief history of the prosecution case, as unravelled during trial, is as follows :- On 17.03.1994 at about 2.00 P.M. there was severe altercation between the deceased and appellant with regard to the sale proceeds of Salap juice. The appellant, who was staying separately from his father (the deceased), all on a sudden, went inside the house of his father, brought out an axe and successively gave 3-4 blows on the neck and shoulder of the deceased, as a result of which the deceased met instantaneous death. The incident was reported at the police-station by the brother of the appellant. On the basis of such report, a case was registered and investigation was taken up. In course of investigation, the investigating officer visited the spot, collected the blood-stained earth and sample earth, examined witnesses, despatched the dead body for post-mortem examination, sent the incriminating materials for chemical examination, and after completion of investigation, placed charge-sheet against the appellant. The learned Sessions Judge, on evaluation of the evidence placed before her, was inclined the convict the appellant under section 302 IPC for commission of patricide.

(3.) On a brief resume of the evidence of P.W. 1, who is the brother of the appellant, it is noticed that on the date of occurrence, the deceased was sitting near the entrance door of his house and was taking his meal. P.W. 1 was also taking his meal in his house. At that juncture, the deceased protested the appellant from extracting juice without paying any money to him. He demanded Rs. 5/-, which the deceased refused to pay. There was a quarrel between them. Then the appellant went inside the house, broke open the lock of a room and brought out an exe. At that time, his father tried to escape, but the appellant, in a fit of anger, chased him and inflicted 3-4 blows, as a result of which the deceased fell down on the ground. He has also stated that he tried to dissuade the appellant from assaulting his father, but such request did not yield any result. Nothing has been elicited from this witness in cross-examination. It is not understood why P.W. 1 would depose against the appellant, who is his own brother. Coming to the medical evidence, it has transpired that the deceased Madan Naik received four injuries, which were ante-mortem in nature. Cause of death was due to respiratory failure. P.W. 3, who was the wife of the appellant, did not support the prosecution and was, accordingly, declared hostile. P.W. 4 was the then Ward Member of the village. He is a post-occurrence witness. He had also gone with P.W. 1 to lodge report at the police-station. P.Ws. 5 and 6 are also post-occurrence witnesses. From their testimony, it has transpired that the appellant made extra-judicial confession before them admitting to have killed his own father. P.Ws. 7, 8 and 9 are witnesses to the seizure of the incriminating materials. The appellant himself produced the axe at the police-station, which was sent for chemical examination, and human blood of "AB" origin was detected on it. The Lungi worn by the appellant and the Dhoti worn by the deceased at the time of occurrence were also sent for chemical examination and human blood of "AB" origin was found on them. Thus, on a plain reading of the evidence of the prosecution witnesses and also the report of the Serologist, it can unerringly be concluded that the appellant was the perpetrator of the crime, who committed the gruesome murder of his father.