DULLA ALIAS BIDU HANSDA Vs. JAIL

JUDGEMENT

(1.) THE appellant who is in custody in the Central Jail, Baripada has preferred this appeal challenging his conviction under Section 304 Part -I of the Indian Penal Code and sentence to undergo rigorous imprisonment for ten years as per the judgment/order passed by the Sessions Judge, Mayurbhanj, Baripada in S.T. Case No.17 of 2002.

(2.) THE appellant faced the aforesaid Sessions Trial for alleged commission of offences under Sections 302 and second part of Section 506 IPC. The prosecution case was that on 14.1.2001 the appellant took part in a cock fight. Being defeated in the said fight he returned home and picked up quarrel with his mother Dangi Hansda who was seventy years old, abused her and threatened to kill her. Then he brutally assaulted her by a lathi on the village road, dragged her and pressed her chest with a long bamboo lathi causing fracture of one of her hands and several injuries all over her person. The villagers intervened and restrained the appellant from assaulting her mother any further. The occurrence being reported at the local outpost, on police requisition the inured mother was medically examined and she was advised to go to the District Headquarters Hospital for better treatment. The injured mother however could not be taken to the District Headquarters Hospital and she succumbed to the injuries. Information as to her death having been reported to police, the latter took up investigation, arrested the appellant and sent the dead body for post mortem. After completion of investigation chargesheet was filed against the appellant and the offences allegedly committed by him being triable by a Court of Session, the case was committed to the Sessions Judge, Mayurbhanj at Baripada.

(3.) THE prosecution in order to establish the charges against the appellant got as many as twelve witnesses examined in the case besides exhibiting eleven documents marked as Exts.1 to 11. Out of the witnesses examined on behalf of the prosecution, P.Ws 1 to 6 stated to be the eye -witnesses to the alleged occurrence. P.W.7 was the Gramarakshi who had sent the injured mother of the appellant to the PHC, P.W.8 was the Assistant Surgeon of Baripada Hospital and conducted autopsy over the dead body, P.W.9 was the Lady Medical Officer who had examined the deceased and found abrasions, fracture and dislocation of bones of the deceased. P.W. 10 was the ASI of the local Outpost who had sent the injured to the CHC for medical examination and treatment and to have arrested the appellant, P.W.11 was a Police Constable who had carried the dead body of the deceased to hospital for post mortem. P.W.12, the OIC of Khunta Police Station was the investigating officer.