KARZI SOY Vs. STATE OF ODISHA

JUDGEMENT

(1.) The present appeal is directed against a judgment dtd. 31/3/2018 passed by the learned Additional Sessions Judge, Rairangpur, Mayurbhanj in ST Case No.12 of 2017 convicting the Appellant for the offence punishable under Sec. 302 IPC and sentencing him to imprisonment for life and fine of Rs.10,000.00 and in default of payment of fine, to further undergo rigorous imprisonment (RI) for three months.

(2.) The case of the prosecution is that the Appellant assaulted his elder sister-in-law Tui Soy by means of a 'Thenga’ on her head at around 1.30 pm on 10/12/2016 as a result of which she fell unconscious. The Informant Nauru Kalah (PW 1) and certain other villagers sent the injured to C.H.C., Jamda in an unconscious state. She was admitted in S.D.H., Rairangpur and again referred to D.H.H. Baripada where she struggled for her life.

(3.) PW 1 got an FIR scribed at around 5.30 pm at Jamda PS on 11/12/2016. The FIR was first registered under Sec. 307 IPC. Nearly four days after the assault, Tui Soy died on 14/12/2016 at D.H.H. Baripada and the case was converted to one under Sec. 302 IPC against the Appellant.