BRAHMAN DEHURY Vs. STATE

JUDGEMENT

(1.) This is an appeal from jail by a convict sentenced to imprisonment for life under S. 302 IPC and to two months' R. I. under S. 323 IPC both directed to run concurrently on the charge of having killed one Panu Giri on 29-11-81 and of having injured his wife Turi Dei, P.W. 3.

(2.) The prosecution case is that in the evening of the day of occurrence which was a Sunday, P.Ws. 2 and 3 were sitting in the Mandaghar by the side of the fire and were warming themselves when the deceased came and sat beside them. Shortly thereafter the appellant came there and challenged the deceased as to why he had called him a thief and so saying picked up a half burnt wood (M.O.I.) from the fire and assaulted the deceased on his head on account of which he fell down. The P.Ws. raised a hulla bringing the wife of the deceased P.W. 3 to the spot and while she was trying to lift her husband, the appellant gave a blow with M.O.I, on her head and fled away. The witnesses and the wife of the deceased also fled away. On the next day the deceased was found lying dead by P.W. 4 and other villagers and they were also informed by P.Ws. 1, 2 and 3 of his having been killed by the appellant. No information was lodged on Monday out of fear of the appellant but information was lodged in the police station on Tuesday by P.W. 1 who had gone to the police station accompanied by P.W. 2, one Ranga and the Choukidar. The police station is 77 K. Ms. away which had to be covered through jungles and hills and of which 62 K. Ms. are jeepable and 15 K. Ms. are to be covered on foot. Investigation was taken up after completion of which charge-sheet was submitted and the appellant was tried and convicted as earlier mentioned.

(3.) Mr. I.C. Das, learned counsel for the appellant has taken us through the evidence in detail. P.Ws. 1 and 2 are the eye-witnesses to the occurrence and have consistently deposed to the facts stated earlier. Nothing has been brought out in cross-examination to discredit their statements. Besides the evidence of the medical officer conducting the post-mortem examination, P.W. 6 also corroborates the evidence disclosing ante-mortem lacerated injury (size - 3" x 2" x brain deep) over the right mastoid area of scalp behind the right ear through which brain matter was coming out. On dissection comminuted fracture of the right temporal bone of the skull corresponding to the external injury was found with bone pieces discovered inside the brain and brain matter was coming out through the wounds. The meninges and brain were congested. In the opinion of the doctor, the nature of the injuries were such as to cause instantaneous death and could have been caused by M.O.I. From such evidence there could be no doubt that the appellant was the author of the assault on the deceased leading to his death.