KRUSHNA CHANDRA DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is from the judgment of conviction under Section 302, Indian Penal Code and sentence of imprisonment for life passed by the Second Additional Sessions Judge, Cuttack.

(2.) ON 25 -6 -1969 at about 9 a.m. the deceased was ploughing plot No. 2732 as bhag tenant of one Lokanath Samal. At that time the Appellant emerged from lata kalam nearby armed with a balam and approaching deceased from behind and gave a thrust which penetrated the lateral side of right chest. The deceased Bhagabat then turned round towards the accused who gave another thrust with the balam to the left belly of the deceased. Then the deceased fell down and the accused fled away from the place.

(3.) THERE is no controversy that the death was homicidal. p.w. 15 who first examined the deceased at Patamundai dispensary found one incised wound 2" length à - 0.6" breadth à - 0.5" depth situated on the lateral side of right chest on the posterior (sic) fold over 8th, 9th and 10th rib and another incised wound 1.2" length à - 0.5" breadth à - 0.5" depth situated on the left side of upper abdomen extending from the tip of 9th costal cartilage lateral to the midline, and the third incised wound 2 1/2" length à - 1/2" depth situated in the middle side of left arm. At the time of his examination the deceased was unconscious. According to his opinion all the injuries could be caused with sharp cutting double edged weapon like balam. p.w. 6 held post mortem examination over the dead and confirmed the findings of p.w. 15 as to the existence of the three incised wounds on the body of the deceased. He found the left boarder of liver was punctured and the depth covered entire breadth of liver with exit at right border. He was also of opinion that these injuries which were ante mortem could be caused by a balam having a double sharp edged and pointed iron blade of about 2" in width and 9" in length. These injuries in his opinion were sufficient in ordinary course of nature to cause death. Normally such injuries would cause death instantaneously, but if the victim had sufficient strength he might survive for some hours. Injuries 1 and 2 were individually and cumulatively sufficient to cause death in the ordinary course of nature.