UCHHAB SAHOO Vs. STATE

JUDGEMENT

(1.) The appellant is in appeal against his conviction under S.302, I.P.C. and sentence to undergo R. I. for life for having killed his father (hereinafter referred to as the deceased) at about 6.00 p.m. on 25-11-1981. The appellant was living separately with his wife and children for about ten years from his father and on the day of occurrence, as is the prosecution story, the deceased went to the house of the appellant while he was quarrelling with his second wife and protested against the abuses of the appellant to his wife. At this, the appellant pushed the deceased outside the house and threatened that if he would come to his house, he would kill him by arrow-shot and so saying brought out an arrow and bow and shot an arrow which pierced the left side chest of the deceased who fell down. He was removed to the Rajsunakhala Hospital where he was administered an injection but he succumbed to the injury, the death having occurred within half an hour of the shooting of the arrow. The A.S.I. of Rajsunakhala Out-post got information about the death from P.W. 1 who gave a written report (Ext. 7) and since the report revealed a case under S.30 2, I.P.C., he made a station diary entry to that effect and sent the report to the Ranpur Police Station for registration of a case and took up preliminary investigation, held inquest over the dead body and sent the dead body for post-mortem examination. On the same day at about 10 P.M. the Officer-in-charge of Ranpur Police Station (P.W. 9) reached the village and took up investigation. After completion of investigation, charge-sheet was submitted against the appellant who stood his trial.

(2.) The appellant's plea during the trial was of insanity at the time of commission of the offence.

(3.) The post-mortem examination revealed, as has been stated by P.W. 4, the doctor conducting the said examination, that externally the deceased had lacerated injury over the left chest anterior over the 7th intercostal space transversely of 4 X X 10 c.m. size. The arrow was stuck into the body and its metal end punctured the thorax which was removed from the chest of the deceased during post-mortem examination. The external injury corresponded to the fracture of the 7th rib of the chest at a distance of 5 c.m. from sternal margin, and among other things, the left lower lobe of the lung was lacerated along with pleura 10 c.m. X 5 c.m. X 5 c.m. The left ventricle and the pericardium was incised by metal part of the arrow with blood clot in the injured tract. The cause of death was assigned as shock resulting in cardio respiratory failure for having severe haemorrhage and damage to the vital organs. There is thus conclusive evidence that the death was homicidal.