STATE OF ORISSA Vs. JAGAT

JUDGEMENT

(1.) This Government Appeal is directed against the judgment dated 15-4-1997 passed by the Sessions Judge, Cuttack in S.T. Case No. 180 of 1996 acquitting the accused of the charge under Section 302, IPC. It may be noted here that while holding the accused not guilty for offence of murder under Section 302, IPC, the learned trial Court has convicted him for commission of offence under Section 323, IPC. Challenging the same, the present Government Appeal has been filed.

(2.) The case of the appellant is that the deceased was the wife of elder brother of the respondent. On 4-6-1993 at around 7 a.m. the deceased was shouting that the respondent killed her hen. Hearing this, the respondent abused the deceased in obscene language and wanted to assault her. The deceased then challenged the respondent, scuffled ensued and the deceased fell down. After this the respondent sat over her and gave fist blows on the forehead, face and other parts of the deceased. When P.W. 6 (daughter of the deceased) came to her rescue, the respondent lifted her and threw her on the ground. P.W. 2 and others intervened in the matter and separated the parties. Thereafter, the respondent came with a Pitana and threatened to kill the deceased. When P.W. 1 and others arrived there, the deceased narrated the incident to them. As the deceased sustained injuries, P.W. 6 took her to Kolar hospital and as the doctor was not present there, they returned from there on foot. Thereafter, they went to Manijanga hospital along with one Subash on foot. The doctor at Manijanga Hospital gave medicines. In spite of taking medicine, the condition of the deceased did not improve. On 6-6-1993, P.Ws. 5, 6 and 7 took the deceased to the Manijanga hospital where she was administered saline but she died at night at about 10.30 p.m. P.W. 5 lodged the FIR (Ext. 6) at Tirtol Police Station at about 12.30 a.m. After inquest, post-mortem was conducted at Jagatsinghpur Sub-Divisional hospital. As advised by the post-mortem doctor the visceral contents were preserved and sent for chemical examination. The chemical examiner submitted the chemical examination report under Ext. 14. After completion of investigation, the police submitted charge-sheet against the respondent under Section 302, IPC. The plea of the respondent was of complete denial.

(3.) The prosecution in order to prove charges examined as many as 11 witnesses including two doctors and three Investigating Officers and exhibited 14 documents and proved M.O.I. (Pitana). P.Ws. 1, 3, 5 and 7 are the post occurrence witnesses. P.W. 7 who is the son of the deceased turned hostile while tendering evidence. P.W. 2 (daughter of deceased) and P.W. 6 are the eye-witnesses. P.W. 4 examined the deceased on 6-6-1993 when she was brought before him in a semi-comma stage at around 9 p.m. The deceased expired at about 10.30 p.m. in Manijanga CHC where P.W. 4 was a Paediatric Specialist. P.Ws. 8, 9 and 10 are the I.Os. P.W. 11 is the doctor who conducted post-mortem examination. In his examination under Section 313, Cr. P.C. the respondent denied all the questions and took the stand that since Niranjan Babu (P.W. 1) lost the election, he has engineered this false case against him. From the side of the respondent no body was examined nor was any document filed. On completion of trial, the trial Court while holding the respondent not guilty for the offence of murder under Section 302, IPC and accordingly acquitting him of that offence, convicted him for commission of offence under Section 323, IPC and sentenced him to undergo R.I. for four months.