MANAS KUMAR BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant was charged under section 302 Indian Penal Code in the Court of learned Additional Sessions Judge, Bhubaneswar in S.T. Case No.3/75 of 1996 for committing murder of his grandmother Nirupama Behera (hereafter "the deceased") on 26.10.1995 at about 7 a.m. at Bapujinagar, Bhubaneswar. He was further charged under section 307 Indian Penal Code for attempting to commit murder of his grandfather Akulananda Behera (P.W.4) on the same day, time and place. The learned trial court vide impugned judgment and order dated 26.9.1998 found the appellant guilty under sections 302 and 323 I.P.C. and accordingly convicted him of such offences and sentenced him to undergo imprisonment for life under section 302 I.P.C. No separate sentence was awarded for offence under section 323 I.P.C.

(2.) The prosecution case as per the F.I.R. lodged by Akulananda Behera (P.W.4) on 26.10.1995 at about 8 a.m. at Capital Police Station, Bhubaneswar, in short, is that the informant was staying in his house situated at Plot No.229, Bapujinagar, Bhubaneswar with his wife (deceased) who was aged about 74 years. His elder son Birendra was staying at his village Bairagipada with his family members and he was a cultivator. The younger son of the informant Rabindra Kumar Behera was staying in America with his family. Birendra tried to forcibly occupy the house of the informant at Bapujinagar and when the informant and the deceased protested, they were threatened with dire consequences. On 17.9.1995 and 17.10.1995 Birendra and his eldest son Manas Kumar Behera (appellant) came to the residential plot of the informant and tried to forcibly occupy the same. The informant protested for which Birendra attempted to kill him and the appellant also threatened to kill the informant by a vegetable cutter. At the instance of the local gentlemen namely Surendra Narayan Sarangi (P.W.2), Balaram Mohanty and others, the matter was pacified. Birendra took away his KVP Certificate as well as post office pass book on 19.10.1995 and assured not to create any disturbance in future and a written agreement to that effect was also executed. It is the further prosecution case as per FIR that on 26.10.1995 at about 7 a.m. while the informant had been to latrine, he heard shout "Bopalo Mali" and coming out of the latrine, the informant saw the appellant was assaulting the deceased mercilessly by means of a Katha Falia (wooden plank) as a result of which the deceased had sustained bleeding injuries on her head and was in a senseless condition. When the informant challenged the appellant, he was pushed into the bath room and assaulted on his head with the said wooden plank by the appellant for which he also received some injuries and lost one tooth. As the appellant closed the bath room door from outside, the informant shouted for help through the window and some persons hearing his shout came and opened the door and brought him outside.

(3.) On receipt of such FIR from P.W.4, the Inspector-in-charge of Capital Police Station namely Manoranjan Mohanty (P.W.8) registered Capital P.S. Case No.715 of 1995 under section 307 IPC on 26.10.1995 and took up investigation. He issued requisition for the medical examination of P.W.4 and his wife (deceased) and proceeded to Capital hospital where he found the deceased lying in the Female Surgical Ward in serious condition. P.W.8 also issued requisition to the Medical Officer for recording the dying declaration of the deceased but it could not be recorded as she was unconscious. The deceased was shifted to S.C.B. Medical College and Hospital, Cuttack on the very day for better treatment. P.W.8 visited the spot at 8.30 a.m. on 26 10.1995 and prepared spot map Ext.9. On his requisition, the Scientific Officer visited the spot and collected blood stained earth, sample earth from the spot which were seized along with a piece of wooden bar and tooth of P.W.4 under seizure list Ext.4. On 26.10.1995 P.W.8 seized one agreement being produced by P.W.4 under seizure list Ext.3. P.W.8 received information that the deceased expired at S.C.B. Medical College and Hospital on 26.10.1995 at about 9 a.m. and accordingly the case was converted to one under section 302 I.P.C. The appellant was arrested and forwarded to the Court. Prayer was made by the I.O. before learned S.D.J.M., Bhubaneswar to send blood stained wooden plank, blood stains collected in a filter paper, sample filter paper, blood stained scrapping collected from bath room and sample scrapings to Forensic Science Laboratory, Rasulgarh for chemical examination in sealed packet. After completion of investigation, charge sheet was submitted against the appellant.