NITAI NAIK Vs. STATE

JUDGEMENT

(1.) THE appellant Nitai Naik has been convicted under Section 302 of the Indian Penal Code and has been sentenced to imprisonment for life for having intentionally caused the death of one Nagai Bewa by assaulting her with a bamboo lathi on 18th of July. 1954 in the afternoon in village Paktia 111 the district of Mayurbhanj. The deceased was residing in the house of her daughter's daughter Duli Dei (P. W. 8) in the same village. The accused also belongs to the same village. But, some time after his marriage which took place nearly two years prior to the incident, he went away from the village and lived with his father-in-law in another village. He, however, returned on 16th of July, 1954 to the village Paktia and complained of reeling of head. He wanted some medicine from the deceased, who had some reputation in the locality as a quack. On 17th of July. 1954 he approached the deceased in the house of P. W. 8 for medicine and on the next day also, that is. the date of occurrence, he again approached the deceased for medicine. The deceased refused to give any more medicine saying that she cannot cure the disease of the accused. The accused then demanded the deceased to leave him in the house of his maternal 'uncle and the deceased also refused. Thereupon, the accused caught hold for her, dragged her to the outskirts of the village and beat her to death with a bamboo thenga. Prosecution story is that the deceased died at the spot near the kendu leaf depot on the outskirts of the village. P, W. 1, the Choukidar and son of the deceased who was living separate from the deceased returned home at about sunset and the first information was lodged by p. W. 1 at about 4 P. M. on 19th of July, 1954. The dead body was sent to the Doctor, who held the post-mortem examination on 21st of July, 1954. the dead body having been highly decomposed. The Doctor, however, found two external Injuries on the dead body: (i) the left ear was torn i e. the Pinna and one inch above its attachment was torn and (ii) a huge opening on the left side of the mouth and cheek but the tissues and muscles were so much decomposed that no definite opinion could be given as regards the nature of the injuries i. e. whether lacerated or incised. He also found the following internal injuries: (i) The left mandible was fractured at its angle in entire and (ii) There was separation of the tempero-parietal suture on the left side of the skull with several fracture lines radiating along the outer table of both bones. There was dark liquified blood about 4 ozs. in the skull, separating the left side of the brain from the skull (extra dural ). Membranes were getting decomposed but were found in tact. Brain had been liquified. The Doctor was of opinion that death was due to shock and haemorrhage as a result of the above injuries to the skull. The injuries were ante-mor-tem. The fracture to the skull and the fracture of the mandible could have been produced with lathi blows.

(2.) THE accused having shown signs of un-soundness of mind was kept under observation on several occasions. His trial before the Additional Sessions Judge had commenced in January, 1955, but. the learned Additional Sessions Judge was of opinion that he was unable to take up his defence, stopped the trial and sent the accused to be kept under observation. Thereafter, for the second time when the Doctor opined that he was free to take up his defence, the present sessions trial commenced wherein he has been found guilty under Section 302 of the Indian Penal Code and sentenced to life imprisonment. Against this judgment of Shri A. R. Guru, Sessions Judge, Mayurbhanj dated the 30th of June, 1955 the present appeal has been filed.

(3.) THE learned Sessions Judge relies upon the evidence of three witnesses examined in the case to come to a finding that in fact the accused had dealt a lathi blow on the vital part of the deceased on account of which she died. The witnesses are P. Ws. 5. 6 and 7. P. W. 5 Bhagaban Sethi cultivates the lands of P. W. 7 who has extensive landed property and is a Padhan of the village. He also takes his food in the house of P. W. 7. After finishing his food in the house of P. W. 7 while he was returning to the fields for work he saw the accused Nitai assaulting the deceased Nagai with a thenga. He saw the deceased falling to the ground as a result of the assault and further, he stated that on seeing this he called Paramananda Naik (P. W. 6) who had come to the house of P. W. 7. When Paramananda came running, the accused left the place with the thenga on seeing Paramananda. He and Paramananda then approached the deceased and found her bleeding from mouth, nose and ear. They found Nagai dead. P. W. 6 Paramananda is the maternal uncle of the accused. He very substantially corroborates the statement of P. W. 5. His evidence is almost direct even though he has not seen the accused having dealt a lathi blow on the deceased. He was in the house of P. W,. 7 at the time of occurrence as he had been to the nephew of P. W. 7 for borrowing some paddy, while he was lying on a cot and P. W. 7 was taking his food P. W. 5 proceeded towards his field. P. W. 5 shouted saying that Nitai was assaulting some old woman. He went and P. W. 5 pointed out the occurrence. He found Nitai, the accused was running towards the Bihar border and going ahead P. W. 5 and he himself saw Nagai dead and that she was bleeding from mouth, nose and ear. Indeed, there was some suggestion and the learned Sessions Judge also had found that the father of accused had given some lands to the witnesses and on the death of the father of the accused, the accused was demanding back the lands. But, after a thorough discussion of the evidence of these two witnesses, the learned Sessions Judge has relied upon their statements and we do not find any reason whatsoever to differ after going through the entire evidence of these witnesses. P. W. 7 after finishing his food came to the spot. Indeed he came after P. W. 6 had reached the place of occurrence. Both P. Ws. 5 and 6 told him that Nitai, the accused ran away after Killing Nagai. He also went to the place where the dead body was lying and found blood coming out from her mouth and nose. He could identify the dead body as of Nagai Bewa. About the first part of the prosecution story regarding the demand of medicine, we have the evidence of two witnesses viz. , P. Ws. 3 and 6. Both of them state that in fact there was demand by the accused for medicine on the date of occurrence and the old woman refused to give any medicine. Thereafter, the accused came with a request that the old woman should reach him in the house of his maternal uncle. That request also was bluntlv refused. Thereafter, she was dragged to the outskirts of the village. Indeed, they did not follow the accused and the deceased, but about the occurrence, we have the evidence of the three oilier witnesses. The Doctor's evidence which I have reproduced above substantially corroborates the prosecution story. We have, in consideration of the above evidence, no hesitation in agreeing with the learned Sessions Judge that in fact the accused with the help of a bamboo stick inflicted the injury on the body oi the deceased on the date of occurrer on account of which she died on the spot.