RABINDRA GOCHHAYAT Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal at the instance of the appellant Rabindra Gochhayat is directed against the judgment dated 31.1.1994 passed by the Sessions Judge, Puri in Session Trial Case No. 184 of 1993 convicting the appellant under Section 302 I.P.C. and sentencing him thereunder to suffer imprisonment for life.

(2.) PROSECUTION case, as it appears from the F.I.R. in brief is that on 23.3.1991 at about 2 P.M. Sri Ramanath Misra (P.W.7) being the officer in charge of Gop Police Station suo motu lodged an information that on 24.3.1991 one Sudam Gochhayat (P.W.2) submitted a written report that on 23.3.1991 at about 7 P.M. one Subash Gochhayat aged about 5 years was playing in the court yard. At about 9. P.M. when the boy was searched for his meal, he was not traceable. On further search, Subash was found floating on the water of the pond situated near his house. When body of Subash was lifted from water, he was found dead. On the basis of his written report, U. D. Case No. 4 of 1991 was registered at the said police station and A.S.I., Padma Charan Mohanty was directed to take up the enquiry. Accordingly, the said Padma Charan Mohanty, A.S.I. held the inquest over the deadbody of Subash Gochhyat oh 24.3.1991 at 10.35 A.M. As some foul play was suspected regarding the death of Subash, his deadbody was sent on the same day for post mortem examination. Thereafter, on 3.4.1991 at about 2 P.M. post mortem report of deceased Subash Gochhayat was received. Dr. Banamali Rath (P.W.1) conducted the post mortem examination over the deadbody of Subash on 24.3.1991 found one abrasion over the middle of the back. It was found to be ante mortem in nature. P.W.1 on conclusion of post mortem examination opined that cause of death was perhaps due to respiratory failure on account of pressure over the lung and shock etc. On perusal of the post mortem report, it appeared to P.W.7 Ramanath Misra that it was a case of murder. On the basis of said information lodged suo motu by P.W.7 Ramanath Misra, a case under Section 302 I.P.C. was registered at the said police station and accordingly investigation was taken up by him.

(3.) P .W. 1, Dr. Banamali Rath held post mortem examination over the deadbody of the deceased. The deadbody was received at the Puri District Hospital on 24.3.1991 at about 3 P.M. The deadbody was of the deceased aged about 5 years. He conducted post mortem examination over the said deadbody at about 4 P.M. on 24.3.1991. During post mortem examination, he could detect an abrasion of the size 1' x 1/2' over the middle of the back. The injury was ante mortem in nature. Blood mixed saliva was seen in the mouth and nose. On dissection, P.W.7 could further detect that both lungs, larynx, trachea, livers, spleen and kidney etc. were all congested. The left chamber of the heart was found to be empty and the right chamber was full of blood. The stomach was containing half digested rice. On the aforesaid observation on the deadbody of the deceased, P.W.7 opined that death was due to respiratory failure which was caused by application of external force and therefore, he was of further view that the death was homicidal in nature. It was pointed out that the deceased died within about 24 hours before the time of post mortem examination. He also opined that the force was applied to block the respiratory system and it was sufficient in the ordinary course of nature to cause death of the deceased. This is in brief the evidence given by P.W.1. We have examined the cross examination part of this witness. We do not find anything to discard the testimony of this witness and therefore, for the sake of brevity, we are not referring to what this witness had stated during his cross examination.