KUMAR JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal at the instance of the appellant-Kumar Jena is directed against the judgment dated 27/2/1996 passed by the Second Addl. Sessions Judge, Puri in S.T. Case No. 19/100 of 1991 convicting the appellant under Section 302, I.P.C. and sentencing him to undergo R.I. for life.

(2.) Learned Counsel for the appellant has taken us through the evidence on record. It appears that there are in all 14 prosecution witnesses. Out of the said 14 P.Ws., P.W.1- Satyapriya Jena, P.W.3-Halu Mohanty, P.W.4-Krushna Chandra Jena, P.W.5-Kalu Dalei, P.W.6-Rabi Parida and P.W.8-Krushna Chandra @ Titua Naik are alleged eye-witnesses to the occurrence. P.W.11-Dr. Kiran Kumar Misra held post mortem examination over the dead body of the deceased. From the evidence of the witnesses, it appears that the appellant gave a solitary blow on the head of the deceased, with a lathi. This is the sum and substance of the prosecution evidence as gathered from the testimony of the eye-witnesses. We have gone through the evidence and we find no reason to disbelieve the veracity of their testimony.

(3.) P.W. 11-Dr. Kiran Kumar Misra during post mortem examination, noticed the following injuries on the body of the deceased, (i) one liner lacerated wound of size 5 cm x 1 cm x bone deep situated over the left tempero occipital region of the head, stitched with four stitches, (ii) abrasion of the size 4 cm x 4 cm on the right elbow. Apart from the these injuries, no other injury was found on the person of the deceased. P.W.11 opined that the first injury found on the head of the deceased is the fatal injury, which is sufficient in ordinary course of nature to cause death. This injury is stated to have been caused with a linear blunt weapon, like lathi/stick/rod.