LAWS(ORI)-1988-4-21

SARAT KUMAR PRADHAN Vs. STATE OF ORISSA

Decided On April 16, 1988
SARAT KUMAR PRADHAN Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The case of the State against the six appellants and nine others since acquitted is that the deceased Padma Charan Pradhan Padma (hereinafter referred to as the deceased), while was driving eight to ten heads of cattle to the kine house was attacked by the accused persons on the village tank embankment with various weapons like lathi, Tenta and Bhala attempting to rescue and snatch away the cattle by force. When their attempt was resisted by the deceased, he was assaulted seeing the assault on the deceased, P.Ws. 2 and 4 and one Shankar Pradhan ran to the snot and tried to intervene urging upon the assembly not to assault him but their intervention only further incensed the assailants and they also wanted to assault the persons who had intervened. Some other persons of the village including the informant and many others also reached the snot and found appellant No.2 Gunduchi pradhan giving a lathi blow on the right shoulder of the deceased. Immediately thereafter appellant No. 6 Arjun Charan Pradhan gave another lathi blow on his bead. Thereafter appellant No.1 Sarat Kumar Pradhan pierced a Tenta in the belly of the deceased as a result of which the latter fell down with bleeding injury. A hullah was raised by Purusottam Pradhan (P.W. 2) for which appellant No.3 Prasanna Kumar Pradhan struck a Tenta blow on his right shoulder resulting in his falling down on the ground. P.W. 3 Ratnakar Pradhan protested the assault on P.W. 2 for which he received a lathi blow on his head from appellant No.4 Brajahanadhu Pradhan and he also fell down on the ground. Abhiram Naik (P.W. 9) who protested against the assailants was likewise assaulted on his left hand by appellant No.3 Prasanna Kumar Pradhan with the handle of a Bhala and thereafter appellant No.5 Rasananda Pradhan gave a lathi blow on the head of Abhiram due to which the latter fell down. At this point of time many of the villagers came to the snot and the assailants went away. The intestine of the deceased was protruding out which was bandaged by a napkin and he was removed to the hospital. The other three injured persons were also brought to the hospital. On the way the deceased was found to have expired and hence only the injured persons were taken to the hospital. Thereafter P.W. 1 came back to the village and went to the police station where his oral report was reduced to writing by the OfficerT in-charge which was duly read over and explained to him and he appended his signature thereto. On such report investigation was taken up after completion of which the charge sheet was submitted.

(2.) All the accused persons were charged under section 302 read with section 149 I.P.C. and further under section 24 of the Cattle Trespass Act. Appellants Sarat Kumar Pradhan, Gunduchi Pradhan, Prasanna Kumar Pradhan and Arjun Charan Pradhan were also charged under section 302/34 I.P.C. whereas appellant Prasanna Kumar Pradhan was also charged under section 307 I.P.C. for assaulting Purushottam Pradhan (P.W. 2). Appellants Brajabandhu Pradhan and Rasananda Pradhan were also charged under section 323 I.P.C. for having caused hurt to Ratnakar Pradhan (P.W. 3) and Abhiram Naik (P. W 9) respectively. On trial while nine accused persons were acquitted, appellant Nos. 1 and 6 were convicted under section 302 I.P.C. and sentenced to life imprisonment. Appellant No.2 Gunduchi Pradhan was convicted under section 323 I.P.C. and was sentenced to R.I. for one year. Appellant No.3 Prasanna Kumar Pradhan was convicted under section 307 I.P.C. and sentenced to R.I. for ten years. Appellant No. 4 Brajabandhu Pradhan as also appellant No. 5 Rasananda Pradhan were convicted under section 323 I.P.C. and each of them was sentenced to R.I. for one year.

(3.) P. w. 5 is the medical officer who conducted the post-mortem examination of the deceased. There were five external injuries on his body of which injury Nos. 4 and 5 were respectively a contusion of 2 x 1 size at the back of the right shoulders 1 below the tip and abrasion of 1/2 x 1/2 size on the tip of the back of the right elbow joint. Of the other three injuries, injury No.1 was a lacerated wound 31/2 x 1 x more than-scalp depth on the temporal region of the left side of the head with large amount of blood clots present over the wound injury No.2 was a horizontal wound in the abdomen of length 4 and width 1T at the middle with edges inverted and a portion of stomach with omentum protruding out of the injury and injury No, 3 was a punctured wound on the right side of the back below the lower angle of the scapula lying horizontally 21- x 1- at themiddle and the TthiclmesT of the muscle of the bade. The internal injures corresponding to injury No.1 found on dissection of the body were presence of extra cranial haemorrhage below the injury No.1 and the adjacent area, fracture of the left temporal area of 31/211 length below the injury and meanings and laceration of the brain matter of an area of 1h/2 x 2/5 below the fracture area with haemorrhage over it. The corresponding injuries to injury Nos. 2 and 3, which were practically one injury, injury No.2 being the injury of entrance and Injury No.3 being the exit, were the existence of similar size wound on the inner side of the wall of the abdomen and back and there was rupture of the peritonium by 3 and the omentum by 2h/2T. The right lobe of the liver was lacerated by 2 x 1 x iTT. The abdominal cavity war full of blood clots. According to the doctor, while all the injuries were ante-mortem in nature, the death was due to coma and shock due to haemorrhage from injury Nos. 1, 2 and 3 as well as due to the injury to the liver and brain which were vital parts of the body.