KUMAR CHANDRAMOHAN SINGH LAL Vs. THE STATE

JUDGEMENT

(1.) THE appellant Chandramohan Singh Lai alias Bayalal has been convicted Under Section 324, IPC and sentenced to R. I. for one year by an order dated 23 -7 -62 of the Sessions Judge, Koraput -Jeypore, in Sessions Case No. 71/62.

(2.) SOMETIME after the evening of 57 -9 -61 one Mangu Bhatra (deceased) of village Sashahandi was returning from his field with a stick in his hand. On his way, he met appellant and two others (since acquitted) near a culvert on the Borigumma -Kotpad road when the appellant enquired about the identity of the deceased to which the deceased replied that he was a man. To his further enquiry as to his identity the deceased reported that he was their - God. At this the appellant snatched away the stick from his hand and assaulted the deceased with it by dragging him to a mango tree where he was further assaulted by the appellant and his two companions. After the assault, the deceased returned to his home and immediately reported this matter to different persons including his son Hari Bhotra (P. W. 1), Dhansingh the watchman P. W. 2 and one Krushna Chandra Biswal (P. W. 7). lie was then carried in a cot to the police station where the deceased himself lodged the F. I. R. (Ext. 12). From the police station, he was sent to the hospital for treatment, but died on the verandah of the hospital before any medical aid could be given to him. After investigation, the accused persons were charge -sheeted and were committed to the Co1 it of Sessions to stand their trial for an offence Under Section 302/34, IPC The learned Sessions Judge acquitted all the accused persons of the said charge, but convicted the appellant alone Under Section 324, IPC and sentenced him as stated above.

(3.) ADMITTEDLY , there are no eye -witnesses1 to the occurrence and the prosecution case rests upon (1) The dying declaration of the deceased which was in the form of F. I. R. (2) The earlier statement made by the deceased to P. Ws, r, 2 and 7 before recording of the F.I.R., and (3) Corroboration received from recoveries made in pursuance of the said dying declaration.