MANBODHA PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant Manbodha Pradhan stands convicted under Section 302. I.P.C. and sentenced to imprisonment for life.

(2.) THE case of the prosecution briefly stated is that on 5.2.1995 at about 1 p.m. while Gethal Pradhan (hereinafter referred to as the deceased') and his son Rusava Pradhan (P.W.5) were cutting the ridge of their land situated adjacent to the land of the appellant with a view to take water to their land the latter picked up quarrel with the deceased and in course of quarrel dealt two blows with the back side of a spade on the head of the deceased causing severe bleeding, who fell down there losing his sense. P.W.5 raised hullah and on hearing the same. Babudhan Pradhan (P.W.3) rushed to the spot and found the deceased in a senseless condition with bleeding injury on his head. Immediately the deceased was removed to the hospital where he succumbed to the injuries three days after.

(3.) THERE is no dispute that the deceased had a homicidal death. P.W.4 is the doctor, who first attended the deceased at C.H.C. Barpali. He deposed that on 5.2.1995 at about 3.10 p.m. he received the deceased who had sustained head injury and there was fracture of the skull bone. He was referred to V.S.S. Medical College. Burla for further treatment as he was in semi -conscious state. P.W.7 is the doctor who conducted autopsy on the dead -body of the deceased. On dissection of the external injury, he noticed fracture over the head. According to him. all the injuries sustained by the deceased were possible by one blow.