LAXMI PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant in this jail criminal appeal has called in question, the judgment of conviction and sentence passed in S.T. Case No. 22/199 of 2000 convincing him for offence under Section 304 -II, Indian Penal Code and sentencing to undergo rigorous imprisonment for a period of seven years. There is no appeal at the behest of the State challenging the judgment for not convicting the appellant for offence under Section 302 of Indian Penal Code with which the appellant stood charged and faced the trial.

(2.) THE prosecution case is that deceased Bandhua Naik, Fagua Naik and the appellant are residents of hamlet Kolahsahi of village Kulurukumpa under Dasapalla Police Station and are relations. The appellant is the sister of P.W.4's son in law, namely, Ratra Naikk and P.W. 4, Fagu Naik is the maternal uncle of the deceased Bandhua. The allegation stands that some dispute arose between P.W. 1 and Ratra Naik in the house of P.W. 4 and it was around 11.00 P.M. on 09.06.2000. So, there was exchange of words between the P.W. 4 and Ratra which ultimately led to a scuffle between two. Such incident drew the attention of the deceased Bandhua and other neighbours who out of anxiety came running to the place. When Bandhua came there his wife P.W. 2 followed. On their arrival, they intervened in the matter to subside the dispute by physically separating the two. At that time, lungi worn by deceased Bandhua was just started slipping from his waist, so he was properly tying the same and that gave rise to an apprehension in the mind of the appellant that Bandhua was getting ready to attack her brother Ratra. So, the appellant picked up a piece of round shaped wood locally called 'medha' lying nearby and dealt a blow on the occipital region of the scalp of Bandhua resulting his sudden fall leading to unconscious. When sprinkling of water did not yield any result, Health Worker of the village, P.W. 13 was called who could not help in any way in that situation. So, on 10.06.2000, Bandhua was taken to Dasapalla Government hospital and then to Nayagarh District headquarters Hospital. There it was further advised that Bandhua be shifted to SCB Medical College and Hospital, Cuttack. As this was not possible, Bandhua was taken back to the village on 11.06.2000 and there, he finally succumbed to the said injury on his head. The widow of the deceased (P.W.2) being accompanied by her parent in laws, lodged the F.I.R. (Ext.3) at Dasapalla P.S. which triggered registration of the case and the commencement of investigation. On completion of investigation, the appellant was placed for trial in the Court of law. During trial the accused took the plea of the denial feigning total ignorance.

(3.) LEARNED Additional Sessions Judge on analysis of evidence and upon critical examination of the same has arrived at a conclusion that the prosecution has established that it is the appellant who is the author of the injury that has finally led to the death of the deceased Bandhua. Next coming to the point raised as to whether such injury was caused with an intention to cause death of Bandhua, the learned Additional Sessions Judge in the facts and circumstances of the case as have emanated from the evidence during trial has held the case to be one inviting culpability for commission of offence under Section 304 -II, Indian Penal Code. With such finding the appellant has been convicted for the said offence under Section 304 -II, Indian Penal Code and sentenced as stated above.