STATE OF ORISSA Vs. BANSHI NAYAK ACCUSED

JUDGEMENT

(1.) This is an appeal by Government from the order of the Additional Sessions Judge, Cuttack, acquitting the accused Banshi Naik of the charge under Section 302, I. P. C.

(2.) Banshi was a resident of Keonjhar State. The deceased (Tinka Dei) was a resident of Sukinda. She had a house belonging to her brother at Sukinda. Tinka was caste female of the accused. She went to Keonjhar and remained there for about three years as the concubine of the accused. About three years back both the accused and Tinka went away to Sukinda where they stayed in the house belonging to the brother of Tinka. Sometime thereafter the wife and children of the accused came away from Keonjhar and stayed in the same house at Sukinda. Thereafter Tinka left the house at Sukinda for some unknown destination and stayed out for some six months. She then returned to Sukinda with an illicit pregnancy. However, in spite of the objection of the caste people, the accused took her back to the house; and it is why the accused was ex-communicated from the caste. However, both the accused and Tinka lived peacefully for about two months. But on 24-12-1951 Tinka was found dead in the room of the accused with fatal antemortem injuries on her head caused with a heavy blow. The postmortem report (Ext. 1) and the evidence of the doctor (P.W. 2) show that there were six injuries on her head, one of which was that her skull-bone had been fractured into five pieces, with fragments of the bone pressing the brain substance, and the brain substance coming out. According to the doctor this injury could have been caused with the blunt side of a Barsi and the injury so caused was, in the ordinary course, sufficient to cause death.

(3.) It is alleged that on the date of her death, the accused and his two sons who are minors went out to the thrashing floor in the morning; but the accused came home at about noon and picked up quarrel with Tinka, because she did not obey him and refused to serve his meal. In the course of the quarrel, Tinka expressed some teasing words to the effect that though she had become illegally pregnant, she would put the child to be the issue of the accused. At this stage the accused gave a blow to Tinka on her head with a Barsi which partly smashed her head. She fell down dead.