LAKHAN MAJHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant and the co-accused Khela Majhi stood charged under section 302 read with section 34 of the Indian Penal Code (for short, the Code) for Intentionally causing the death of Chhotrai Majhi (to be described hereinafter as Tthe deceased) on February 16, 1981 after nightfall at Tikarpada in the district of Mayurbhanj. It was alleged that when during the course of a scuffle, the deceased intervened, the appellant, by means of a crowbar (M.O. I), thrust it on the nose of the deceased resulting in serious internal injuries which caused his death.

(2.) To bring home the charge, the prosecution has relied mainly on the evidence of P.Ws. 4 to 6 who had figured as the witnesses to the occurrence and the recovery of M.O.I from the house of the father-in-law of the appellant consequent upon the statement said to have been made by the appellant which had been identified as the weapon of attack. There was, in addition, the medical evidence of P.W. 2 who had conducted the autopsy and had noticed one external injury, which had resulted in a number of internal injuries sufficient in the ordinary course of nature to cause death of the deceased. The appellants plea was one of denial and false implication. According to him, in a scuffle, M.O. I might have hit the face of the deceased and caused injuries on his person. The appellant had examined his mother in his defence who had figured as D.W. 1.

(3.) The trial court acquitted the co-accused under section 232 of the Code of Criminal Procedure. It has not relied on the evidence of P.W. 5 as this witness had not stated in the course of investigation that she had seen the actual assault on the person of the deceased by the appellant. The learned trial Judge has accepted the evidence of P.Ws. 4 and 6 and has discarded the plea of the defence and the evidence of D.W. 1 as unacceptable and has held that the charge of murder has been brought home to the appellant. The appellant has accordingly been convicted under section 302 of the Code and sentenced to undergo imprisonment for life.