BHAGAT MESWA AND ORS. Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal arises out of a judgment dated 5.8.1998 passed by the Special Judge -cum -Sessions Judge, Bolangir in Sessions Case No. 19 of 1997 convicting the accused -Appellant under Sec. 302 read with Sec. 34 Indian Penal Code as well as Sec. 3(1)(x) of the S.C. & S.T. (Prevention of Atrocities) Act, 1989 sentencing the Appellants to undergo R.I. for life for the offence under Sec. 302 read with Sec. 34 Indian Penal Code and to undergo R.I. for two years for the offence under Sec. 3(1)(x) of the S.C. & S.T. (Prevention of Atrocities) Act, 1989 with a direction to run the sentences concurrently.

(2.) The brief facts of the prosecution case are as follows: -

(3.) On exploring the skull it was fund that there was a big haematoma measuring 4" x 2" covering entire parito -temporal area. The skull bone of this area was broken into ten pieces measuring 1/2'' x 1/2'' to 1" to 1/2'' each. On dissecting the skull the menengels were torn in the sit of external injuries Nos. (1), (ii) and (iii). The brain material was lacerated. The right tempero parietal area i.e. below the right tempero parietal area i.e. below the external injury No. (v) was severely lacerated upto liquefacio. The entire right tempero lobe was over flooded with blood.