DHANESWAR PATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE three appellants In this jail criminal appeal have been convicted under Sections 302/34, 457/34 and 380/34 I.P.C. Each one of them has been sentenced to imprisonment for life for the offence under Section 302/34 I.P.C., rigorous imprisonment for two years for the offence under Section 457/34 I.P.C. and rigorous imprisonment for four years for the offence under Section 380/34 I.P.C. The sentences have been directed to run concurrently.

(2.) THE prosecution case may be briefly stated. Deceased Megha Behera lived in village Pabitrapur with his wife, sons and daughters. On the night of Saturday, 15 -1 -1977, all the family members of deceased Megha Behera went to village Haripur, situated at a distance of one kilometre from Pabitrapur, to witness Rasa Jalra. Deceased Megha Behera stayed behind in his house. The house was locked by the deceased's wife and the deceased who slept on the verandah adjoining house kept the key under his pillow. At about 5 a. m. on 16 -1 -1977 the family members of the deceased returned home and found that the deceased was lying dead in a pool of blood, the house had been broken open and from inside the house from a tin suitcase Rs. 1000/ - in cash had been looted. On hearing the cries of the inmates, P. W. 4 and other co -villagers came to the house of the deceased and found the deceased lying dead. P. W. 4 went to Pallahara Police Station and lodged F.I.R. Ext. 6 at about 9.30 a. m. with P. W. 14, who was then working as the officer -in -charge of the Police Station. P. W. 14 registered the present case under Sections 302, 457 and 380 I.P.C. After completion of investigation charge sheet was submitted against the three appellants and accused Rabi Naik. All four of them were charged under Section 302/34, 457/34 and 380/34 I.P.C. and put on trial.

(3.) P . W. 5 is the doctor who had conducted post -mortem examination on the dead body of Megha Behera on police requisition on 17 -1 -1977. He had found ten external injuries and three internal, injuries as described by him in the post mortem report, Ext. 2. The injuries on the deceased were ante mortem in nature and cause of death was shock and hemorrhage as a result of neck and head injuries. Ext. 3 is the opinion of P. W. 5 on police requisition that the injuries on the deceased could have been caused by the axe. M. O. II. The evidence of P. W. 5 conclusively establishes that the death of the deseased was homicidal in nature and that the injuries on the deceased could have been caused by M. O. II.