STATE OF ORISSA Vs. UMESH PARAMANIK AND ANR.

JUDGEMENT

(1.) THIS is an appeal by the State of Orissa against the judgment of the Sessions Judge of Mayurbhanj, acquitting the two Respondents who were tried in his Court for offences under Sections 302/34, Indian Penal Code and 430/394 Indian Penal Code.

(2.) THERE is a village known as Ghan ghana in the extreme northern corner of Mayurbhanj district -adjacent to West Bengal where one Konda Majhi was living with his wife Singha Majhiani (p.w. 5) and children in his house. The houses in that village are scattered about and somewhat isolated from one another, the house nearest to that of Konda Majhi being that of one Mohan Chandra Singh (p.w. 6) nearly 300 yards away. Respondent No. 1 Umesh Paramanik belongs to another village in Mayurbhanj district while Respondent No. 2 Ghasia Naik belongs to a village in Midnapore district in West Bengal on the other side of the border. It was alleged by the prosecution that these two Respondents and another culprit (who is still untraced) attempted to commit burglary in the house of Konda Majhi during the night of the 23rd/24th June 1961. The inmates of the house were then sleeping, after locking the house. Kanda's wife Singha Majhiani (p.w. 5) awoke on hearing some sound. She aroused her husband and they both went towards the southern side of the house and found three persons standing there. Konda Majhi immediately rushed at them and began to assault them with his (sic) but they retaliated and gave him repeated blows on his head in consequence of which he fell down dead at the spot. His wife raised an alarm but she was immediately gagged and assaulted, by some of the culprits. It was then alleged that they broke open the lock, entered house, and, stole some utensils and a Mobil oil tin containing some oil (M.O.I.). After the departure of the culprits the woman (p.w. 5) went to the house of Mohan Chandra Singh (p.w. 6) and informed him about the commission of the crime. Then an alarm was raised in the village and several villagers reached Kanda's house and found him lying dead. They also noticed a hole dug on the southern side of the wall of the house which according to P.W. 5 was dug by the culprits with a view to gain entrance into the house. Mohan Chandra Singh (p.w. 6) learnt about the incident from Singha Majhiani (p.w. 5) went to. Saliapada Police Station 8 miles away along with P.W. 7, and lodged F.I.R. at about 8 a.m. on 24th June 1961, before the officer -in -Charge (p.w. 11). P.W. 11 at once hurried to the spot, sent the corpse of Konda Majhi for postmortem examination and, after questioning P.W. 5 and finding injuries on her he got her medically examined. The two Respondents were in due course arrested and as some injuries were noticed on Respondent Umesh Paramanik he was also sent up for medical examination.

(3.) THE post mortem examination on the corpse of Kondha Majhi was conducted by Dr. A. Acharya (p.w. 1) who found five external injuries. On dissection he found that the two parietal bones, the occipital bones and the temporal bones were fractured. There is no doubt that his head was smashed and the assailants had no other intention except to kill him outright, though the weapon used was only a blunt weapon. On the person of Respondent Umesh Paramanik he found two scratch marks and ecchymosis, on the infraspinatus region. The second injury appeared to have been caused by a blunt weapon like a lathi. The first injury might have been caused by some pointed weapon. Singha Majhiani (p.w. 5) was medically examined by Dr. N. Acharya (p.w. 2) who found bruises on her forearm and left side of the back. These appeared to have been caused by a blunt weapon.