MUNCHU ALIAS DEBANANDA BANCHOR Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard and the judgment is as follows :

(2.) Order of conviction under Section 302, I.P.C. and sentence of imprisonment for life passed by learned Sessions Judge-cum-Special Judge, Kalahandi-Nuapada at Bhawanipatna in G.R. Case No.52 of 1995 is under challenge. It should have been registered as a Sessions Case, because of involvement of the offence under Section 302, I.P.C. Perhaps for the confusion prevalent then regarding the nomenclature, it was decided as G.R. Case. However that is non-consequential so far as merit of the case is concerned.

(3.) Admittedly appellant is a neighbour of the deceased's family. It is alleged that on 24.3.1995 at about 11 A.M. an altercation ensued between the deceased and her mother (P.W. No.7) in one side and the wife of the accused/appellant on the other, on the ground that wife of the accused snatched away gudakhu, soap and some tamarind from the hands of the daughter of the deceased. At that time, accused rushed out from his house being armed with a iron bucket and dealt a blow to the head of the deceased so also assaulted P.W. No.7. The deceased fell down and became senseless. She was taken to U.G.P.H.C., Khariar for treatment and there from to Mission Hospital, Khariar because of her serious condition and unconsciousness. She was declared dead in the Mission Hospital. On the information given by husband of the deceased in Khariar Police Station, a case had initially been registered for the offence under Section 294/325, I.P.C. read with Section 3(1) (x) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989 (in short 'the Act') because deceased being Sabar by caste, was a member of Scheduled Tribe Community and the accused is a Gauda (milkman) by caste. After death of the deceased, the case was investigated for the offence under Section 302, I.P.C. In course of investigation, on police requisition, Doctor Kailash Chandra Pradhan, (P.W.3) who had granted initial treatment in the U.G.P.H.C., Khariar also conducted the post-mortem examination and in the trial Court he proved the injury report, Ext. 1, Post-Mortem report, Ext. 3 and the opinion report, Ext.4. He also proved the injury certificate of P.W. No.7 marked Ext.2. According to him, injury was ante mortem in nature and death was due to coma, which resulted from the injury to the head and the probable weapon of offence was the bucket (M.O.I.).