CHAITAN GOCHHAYAT Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal by a convict from jail is directed against his conviction under section 302, I.P.C. and sentence to under go imprisonment for life for having caused the death of his father Danei Gochhayat (hereinafter referred to as the deceased) on 17/5/1982.

(2.) Briefly stated, the prosecution case is that the appellant had been away at Assam since about ten years and had returned to the village four months prior to the occurrence and was putting up with his father, but after some time some, misunderstanding having started, he had started separate mess. He had given a goat to his father for tending which had given birth to two kids. On the occurrence day while the appellant was taking the goat and the two kids to his father-in-laws house, he was prevented by the deceased taking away one kid laying a claim over it. The appellant came back to the house with the goat and the other kid stating that he would either take all of them or would not take none at all and so saying left the cattle in the house and went away. At about 6.00 p.m. when the deceased was coming on the village road, the appellant, who had concealed himself in the back side of the cabin of one Suria in the village, came running and pierced a spear (Barchha) in the chest of the deceased causing his death instantaneously. The occurrence was witnessed by the widow of the deceased (P.W. 4) and another co-villager (P.W. 3). F.I.R. was lodged on the next day at about 1.00 a.m. by P.W. 2 -another co-villager and investigation was taken up by P.W. 11, the Officer-in-charge of the Police Station. Post-mortem examination was conducted on the same day at 5.00 p.m. by P W 1, Medical Officer at Angul hospital and after completion of investigation, charge-sheet was submitted leading to the trial of the appellant.

(3.) It appears from the evidence of P.W. 1, the doctor conducting autopsy that there was a single penetrating wound 1/2 length x 1/2breadth x 3 depth over cardia area of left side of chest 2 below and 1/2 medial to the left nipple. On dissection of the dead body, the thoracic wall as well as pericardium was found pierced and the pericardium was full of blood and the right ventricle was also pierced at the site of the injury. All the injuries were ante-mortem in nature and were possible to have been caused by a weapon like an arrow. The death was due to the shock and haemorrhage due to the injury of the heart. It was the doctors opinion that death must have occurred within five minutes. In view of such evidence, it is unquestionable that the death was homicidal in nature.