RAGHUNATH PARAMANIK Vs. STATE

JUDGEMENT

(1.) THE appellant Raghunath Paramanik was convicted by the judgment of Shri B. Panda, Sessions Judge, Koraput Jeypore for an offence punishable under Section 302 I. P. C. for having, on 1-4-55 at the village Mundigumma, caused the death of one Khila Saturu aged about 25 years by shooting him with an M. L. Gun (M. O. I.) and was sentenced to imprisonment for life.

(2.) THE appellant was a member of the District Police, Koraput and was attached as a constable to the Kendakamberu outpost under Markangiri Police station. The prosecution case is that on 29-3-55, he was deputed on duty by the Assistant Sub Inspector (P. W. 7) to the beat No. 2 under a command certificate (Ext. 3) and that on the date of occurrence (1-4-55) the appellant went to the village Bakuli and asked the village Naiko Khila Ghasi (P. W. 1) to supply him with 10 manos of Mircha (chillies) and one Putti of Mandia (ragi ). P. W. 1 gave him 5 manos of Mandia and 5 manos of Mircha and being asked by the appellant the Naiko arranged for 3 labourers to carry his goods. The appellant thereafter left for the village Mundigumma accompanied by a sweeper boy Duma Raghunath (D. W. 1) who went with him from Kondakambaru and carried his gun. It is stated that the deceased Khila Saturu also accompanied the appellant being asked by his father to go along with the constable up to the village Mundigumma. P. W. 2 Khila Ishra, the brother of the deceased and the second son of the Naiko of Bakuli went there earlier to his father-in-law's house as it was a festival day. It is the case for the prosecution that the appellant reached the village Mundigumma at about 3 P. M. accompanied by the sweeper boy who was walking in the front carrying his gun which was loaded at the time and followed by the deceased Khila Saturu. When he reached the village, P. W. 2 Khila Ishra was found sitting on a stone in front of his father-in-law's house. The appellant asked him who he was and to which village he belonged. As P. W. 2 did not get up, the appellant got annoyed and gave him a slap and when he moved aside, the appellant pulled him by his shirt (m. o. II) and slapped him once again, at which the deceased came near, tried to intervent and protested and asked the appellant why he was assaulting his brother for nothing. This, according to the prosecution case, enraged the appellant who told the deceased that they were so proud and so saying he took the gun from the hands of the sweeper boy and fired at the deceased hitting him on the right side of the abdomen. The deceased fell down injured and the appellant abruptly left the place carrying his gun accompained by the sweeper boy and went away to the village Raba. P. W. 2 hastened home and informed his father that the appellant had shot the deceased. On getting this information, his father (P. W. 1) ran to the place of occurrence and found his son the deceased lying injured from the gun-shot wound. The deceased was then conscious, and told his father on arrival that he was shot by the appellant and a little while later he died. From the village Raba the appellant sent ior P. W. 1 who along with his son Ishra (P. W. 2) went to Raba the next morning and the appellant expressed his regrets before P. W. 1 saying that he had shot a boy and committed a mistake and fell prostrate before P. W. 1 and touched his feet for being excused. P. W. 1 went to the outpost the next morning. In the meantime, it is the prosecution case, that the appellant returned to the outpost at about 5 P. M. on 2-4-55 and produced his note book (Ext. 4) which contained an entry regarding the incident of firing (Ext. 4/1) wherein it was stated that the gun exploded by accident as at the village Mundigumma P. W. 2 and the deceased demanded some money from the appellant as Mamul and while the appellant was bringing out some money from his pocket, the two boys began to pull the gun at either end and the trigger went off accidentally. This was entered in the station diary (Ex. 5) immediately, a copy of which was sent together with a copy of the entry (Ex. 4/1) to the Malkangiri Police Station. On 3-4-55 at 8 A. M. , P. W. 1 appeared at the outpost and gave a report to the effect that the appellant had shot his son Khila Saturu in the village Mundigumma on 1-4-55, as a result of which the injured died on the spot. An entry was made in the station diary (Ex. 7) and a copy of it was sent to the Malkangiri police station for registering a case. The Assistant Sub-Inspector seized the gun during his preliminary investigation from the ap, pellant and effected necessary seizure at the spot and made over charge of the investigation to the Divisional Inspector on 5-4-55.

(3.) THE appellant pleaded not guilty and took up the same defence as was noted in his note book and stated that he was carrying him self his gun on his shoulder and not the sweeper boy.