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2002 DIGILAW 393 (ORI)

LADA HANSDA v. STATE OF ORISSA

2002-07-03

B.PANIGRAHI, P.K.MISRA

body2002
JUDGMENT : B. Panigrahi, J. - This appeal assails the order of conviction and sentence passed by the learned Sessions Judge, Mayurbhanj, Baripada u/s 302, IPC in S.T. Case No. 201 of 1993 directing the appellant to undergo imprisonment for life. 2. The skeletal picture of the prosecution story as narrated in course of trial is as follows: On 6th July, 1993 at about 5.30 P.M. the deceased Balhi Hansda raised an outcry seeking the help of Ors. that she was being killed by her husband, appellant Lada Hansda. On hearing such outcry and also the banging sound on the door P.W.3. the brother of the deceased, as well as P.W.4, Daktar alias Dhanu Hansda and Ors. who were playing cards nearby rushed to the spot. They found the entrance door was closed from inside. P.W.3 peeped through the gap of the door and found the appellant assaulting the deceased with a spade. When he attempted to open the door and became unsuccessful, he climbed on a nearby guava tree and from that tree he jumped to the roof of the house. From the roof he saw the accused inflicting blows by the blunt side of a spade on the head and body of the deceased, who was lying in the courtyard. Then P.W.3 jumped from the roof to the courtyard and opened the door. After the door was opened other persons entered into the house and found the deceased lying unconscious with multiple injuries in the courtyard and the appellant was sitting on the verandah adjoining 10 the courtyard. The spade weapon of offence was lying near him. The witnesses who were present at the spot shifted the injured and placed her on a cot. Some of the persons went to call a Compounder who came and declared the injured dead. Alter seeing the injured dead, the appellant made an attempt to escape from the spot. But he was over-powered by P.W.3 and other witnesses who tied him with a rope. Some of the persons went to call a Compounder who came and declared the injured dead. Alter seeing the injured dead, the appellant made an attempt to escape from the spot. But he was over-powered by P.W.3 and other witnesses who tied him with a rope. The matter was reported at the Police Station and the I.O. arrived at the spot, took the appellant into custody, held inquest over the dead body, sent the deceased for post mortem examination, seized the spade, collected the blood stained earth and the sample earth, seized the blood-stained dhoti and napkin of the appellant, recorded the statement of the witnesses, sent the incriminating materials to the Serologist for chemical examination and after closure of investigation, placed charge-sheet against the appellant u/s 302, IPC. 3. The plea of the appellant was ore of denial of occurrence and also claimed to have been falsely implicated in this case. 4. The trial Court on evaluation of evidence placed by the prosecution, was however inclined to record an order of conviction against the appellant. Being aggrieved by the said order of conviction and sentence, the present appeal has been filed. 5. There is no dispute that the deceased met with homicidal death. On brief resume of the evidence of P.W.1, who conducted post mortem examination over the dead body of deceased, the following injuries were notice. (1) Contusion 2" x ?" found on the lateral aspect of right arm with elbow. (2) Two laceiated wounds 1" x 3/4'' x bone deep 1" x 1" x bone deep situated 3/4" apart on the right side of the fore-head just above the lateral part of the right eye-brow. (3) 3 lacerated wounds. 1" x ?" x ?" and 2" x ?" respectively found or the left side of the head of the left temporal region The injures were bone deep. On dissection he found the following injuries: (1) Hematoma was there under external injury No. 1. 2 and 3. (2) One depressed fracture found on the right side of the forehead and also on the left temporal and parietal region corresponding to external injury Nos. 2 and 3. (3) Extradural, subdural haemorrhage present on the left side. (4) Membrane of the brain found lacerated on the left side. (5) Brain substance of the left hemisphere found lacerated and blood clots were present. 2 and 3. (3) Extradural, subdural haemorrhage present on the left side. (4) Membrane of the brain found lacerated on the left side. (5) Brain substance of the left hemisphere found lacerated and blood clots were present. In his opinion the death had occurred due to shock and haemorrhage from the injuries sustained by the deceased on her vital organ, and the injuries were ante mortem in nature and sufficient to cause death. 6. The Investigating Officer had sent the spade (M.O.I) to P.W.1 for his opinion as to whether those injuries could have been possible by use of such spade, to which he opined in affirmative. 7. Now turning to the evidence of P.W.3, who is the brother-in-law of the appellant, it appears that he had testified that on 6.7.1993 (Tuesday) at about 5.30 P.M. while he was busy in playing cards with his friends such as Charan Hansda, Daktar Hansda. Bhagan Murmu and Ors. heard a striking sound of the door and also an outcry from the house of the appellant. On hearing the sound they rushed to the house of the appellant and on reaching (here he found the door was closed from inside. Through the gap of the door he peeped inside the courtyard and found the appellant and deceased grappling with each other and the deceased was trying to snatch away the spade from the hand of the appellant. P.W.3 tried to forcibly open the door, but being unsuccessful he climbed up a guava tree which was situated on the back side of his house and jumped to the roof of the house. Staying on the roof of the house he noticed that the appellant was inflicting successive blows by the spade en the head of the deceased. After dealing such indiscriminate blows on the deceased, he sat on the eastern verandah of the courtyard and kept the spade by his side. P.W.3 came down from the roof into the courtyard and with the help of a crow bar opened the door. Thereafter he took over possession of the spade. At that juncture his mother, Chsndrai Hansda and Ors. earns to the courtyard after he opened the door. Ail of them found the deceased lying injured on the-ground. So they shifted her to a cot kept in the cow-shed. When the appellant wanted to slip away, he was overpowered by the persons present there. At that juncture his mother, Chsndrai Hansda and Ors. earns to the courtyard after he opened the door. Ail of them found the deceased lying injured on the-ground. So they shifted her to a cot kept in the cow-shed. When the appellant wanted to slip away, he was overpowered by the persons present there. Sometime after she service of a Compounder was requisitioned, who declared her dead. P.W.3 alongwith P.W.6 proceeded to Chitrada Police Out-post and lodged a report. The incident was explained orally which was reduced to writing and after the contention was read over and explained to him he put his L.T.I. thereon. Upon receipt of such information, the A.S.I. of the out post came, held Inquest over the dead body of the deceased, and on me following day t\a handed over documents to the A.S.I. of Police, Muruda P.S. who further carried on Investigation. 8. Mr. Panda, the learned Advocate appearing for the appellant has highlighted that there being several discrepancies between the facts stated in the RIR and the statements recorded during Investigation, therefore, the testimony of P.W.3 is liable to be rejected. 9. Our attention was invited to the fact that in the MR it has been noted that at the time of occurrence the youngest child was present. Therefore, since there were other inmates inside the house besides the appellant, there is every possibility that any other person might have committed the offence. We are not able to appreciate such contention of Mr. Panda inasmuch as the contradiction or omission alleged to have been made by P.W.3 has not been brought to his notice by the defence white he was examined in Court. Therefore, we are of the view that P.W.3 is e most certificate and trust inspiring witness Inasmuch as he is not only the brother of the deceased but also the brother-in-law of the appellant. Another limb of argument has been raised by the learned Counsel for the appellant that the prosecution has failed to bring OJT any motive of the appellant to do away with the life of his wife. 10. It would be difficult for the prosecution, to place any direct evidence with regard to-the motive of the accused in committing the crime. Sometimes motive is developed without any premeditation and an accused commits the crime at the spur of the moment. 10. It would be difficult for the prosecution, to place any direct evidence with regard to-the motive of the accused in committing the crime. Sometimes motive is developed without any premeditation and an accused commits the crime at the spur of the moment. From the evidence of P.W.1 it is found that the deceased sustained more than 4 injuries on her person. Had the appellant not intended to cause the death, he would not have inflicted such number of blows resulting in her death. 11. Turning to the evidence of P.W.4 we found that he substantially corroborates P.W.3. He has also claimed to have looked into the courtyard through the door yap and found that the deceased and the appellant were in a grappling state and the appellant was inflicting injuries on the deceased which P.W.3 had earlier noticed, who climbed to a guava tree and from there he went to the roof of the house Although the witness was subjected to Incisive cross-examined, but nothing substantially urns out from his statement impeaching his testimony. The statement of PWs. 3 and 4 substantially fends assurance from the ocular statement of P.W.6 P.W.6 is the series witness who has proved the seizure of the Mood-stained spade, the sample earth and blood-stained earth and also crow-bar. From the seizure list it has also transpired that a dhoti and a napkin belonging to the appellant were seized. 12. Now turning to the report of the Serologist it is found that the spade which was lying by the side of the appellant and later on seized by the police contained human blood of "B" group which tallied with the blood group of the deceased. 13. Therefore, considering the facts and circumstances from any angle, we are of the firm view that the evidence led by the prosecution is absolutely clear, clinching and trustworthy which cannot lightly be brushed aside. We therefore, do not find any illegality or infirmity in the prosecution case to differ from the observation of the learned Sessions Judge in convicting the appellant. 14. An attempt was made in the trial Court to convert the case into a case u/s 304 Part I or Part II. We therefore, do not find any illegality or infirmity in the prosecution case to differ from the observation of the learned Sessions Judge in convicting the appellant. 14. An attempt was made in the trial Court to convert the case into a case u/s 304 Part I or Part II. IPC to which learned Sessions Judge opined mat since the motive of the appellant was clear to do away with the life of the deceased the conviction against the appellant u/s 302, IPC in no situation, could be converted into a case u/s 304, Part I or Part II, IPC. Therefore, we do not like to repeat the same observation again as there has been no special circumstance placed before us to modify the sentence from Section 302, IPC to Section 304, Part I or Part II. IPC. 15. In the result, the appeal is dismissed and the conviction and sentence passed u/s 302. IPC are hereby confirmed. P.K. Mishra, J. 16. I agree. Final Result : Dismissed