KARTIK HARIJAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this appeal from jail the appellant assails his conviction for the offence under Section 302, I.P.C., and sentence of imprisonment for life.

(2.) Prosecution case is, on 6-6-1989 around 6.30 p.m. the appellant started abusing Angada (hereinafter referred to as the 'decease.') concerning some and dispute. Angada's wife (P.W. 8) dissuaded the deceased and brought him back. The appellant went inside his house and came with a gun and fired the same at Angada causing gun shot lacerated injuries on the posterial axillary line of right side with fracture of the 10th rib and similar other injuries on the for The appellant denied the indictment.

(3.) P.W. 5 is the doctor who conducted the postmortem examination on the dead body of Angada. On external examination he found three lacerated injuries out of which injury No. 1 was of the dimension 2.5 cm x 2 cm., with inverted margin with black colour situated below the posterial axillary line of the right side with fracture of the 10th rib. The depth of the injury on 'probing' was found to be 20 cms. 'direct forward'. On opening of the abdomen, the paritoreal cavity was found to have been filled with black coloured blood and there was rupture of the right lobe of the liver. No pellets were, however, recovered from the body. The injuries were found by the doctor to be ante-mortem in nature and death was because of the haemorrhage and shock due to rupture of the liver. It was further opined by P.W. 5 that the injuries were gun shot injuries. Therefore, Angada died a homicidal death and the finding of the trial Court in this regard is affirmed.