SAJJAN DAS Vs. STATE

JUDGEMENT

(1.) THE two petitioners who are father and son respectively were tried in the Court of the Assistant Sessions Judge, Balasore for an offence under Section 304, I. P. C. The learned Judge, however convicted the father (Sajjan Das) under Section 325, i. P. C. and the son (petitioner Krushna Das) under Section 323, I. P. C. and sentenced them to different terms of imprisonment and fine. Their appeal was dismissed by the learned Sessions Judge.

(2.) THE two petitioners are residents of village Chardia P. S. , Baunsada in Balasore district. They were on terms if enmity with P. W, 1 Raghu Majhi and his nephew nanda Majhi (deceased ). The quarrel started 4 years ago when they were both competing for the purchase of a piece of bari land belonging to one Bouri Das. The land was eventually purchased by P. W. 1 Raghu Majhi. On 12-9-1951 there was a quarrel between P. W. ' l on the one hand and the two petitioners on the other because the petitioners suspected that Raghu had thrown some weeds uprooted from his land into the adjoining lands of the petitioners. P. W. 1 conveyed a panchayat' to settle the dispute but the petitioners did not attend the punchayat. Troubles arose again between the parties on 14-9-1961 at about 10 a. m. The two petitioners met Raghu Majhi (P. W. 1) and the deceased Nanda when they were returning from the field after carrying out weeding operation. Petitioner Khushna confronted them and asked them whether they had thrown the weeds on his paddy fields as they did on 12-9-1961. P. W. 1 thereupon retorted saying that the two petitioners should see their fields first before charging him and Nanda with having committed such an act. As to be expected this led to exchange of words in the course of which petitioner krushna gave a blow on the forehead of Raghu causing him a lacerated injury. Petitioner Sajani was also standing nearby with a stick and it was alleged that the deceased Nanda, apprehending that Sajani might also join in the attack gave him a blow on his head. Thereupon Sajani gave a terrific blow with his lathi on Nanda who immediately fell down with his skull fractured. It was further alleged that even after Nanda fell down he was beaten. He became unconscious and died on the next day, while he was being taken to Chandbali hospital by boat.

(3.) THE post-mortem examination on Nanda Majhi was held by Dr. Ganguli (P. W. 6)the Assistant Surgeon of Bhadrak on 17-9-1961 -- 4 days after the occurrence. He found the body in a highly decomposed condition, but on dissection he noticed a linear fracture across the skull extending from the coronal suture to the left parietal, temporal and sphenoid bones. Blood clots were found over the brain substance. The injury on the head was responsible for death and appeared to have been caused by a blunt weapon, but he found no other external or internal injury.