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2018 DIGILAW 173 (ORI)

RANKANIDHI DAKUA v. STATE OF ORISSA

2018-02-09

K.R.MOHAPATRA, S.PANDA

body2018
JUDGMENT : S. Panda, J. - This Criminal Appeal is directed against the judgment dated 07.09.2001 passed by the learned Addl. Sessions Judge, Bhanjanagar-Aska, in Sessions Case No. 07 of 2000 (112 of 2000 GDC) in convicting the appellant for commission of offence under Sections 302 and 324 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for life and pay a fine of Rs. 5000/- (rupees five thousand) only, in default to undergo rigorous imprisonment for one year for his conviction under Section 302 Indian Penal Code and to undergo rigorous imprisonment for one year for his conviction under Section 324 of the Indian Penal Code. Both the sentences are directed to run concurrently. 2. The prosecution case in brief is that on 08.03.1999 at 6.30 P.M. Hari Dakua (P.W.7), the brother of the deceased-Arjuna Dakua lodged an FIR in Buguda Police Station stating therein that on the same day at about 8.00 A.M., his deceased brother-Arjuna Dakua had gone to the village Bhagabanpur to invite his daughter and son-in-law (Present appellant). Due to some reason there were altercation between the deceased and the appellant. As a result of which the appellant along with his brother, mother and others assaulted the deceased when tried to protect her father, she was also assaulted by a kati for which she become injured and senseless. 3. After such FIR was lodged, Buguda P.S Case No. 27 (4) of 1999 was registered under Sections 302, 307 and 34 IPC. The Police held inquest over the dead body, which had been shifted to the deceased's house from the hospital. The I.O. forwarded the dead body for post mortem examination and took his injured daughter (PW 13) for medical examination. During examination he seized some pieces of glass bangles from the house of the appellant. He also seized sample earth, bloodstained earth. On 10.03.1999 he arrested the appellant and took him to custody. While in custody, the appellant led the police to seize the Kati. The Kati and other seized articles were sent to R.F.S.L. Berhampur for Chemical examination. After completion of the investigation, charge sheet was filed against the appellant for commission of offence under Section 302 and 307 IPC. The plea of the appellant was that he has been falsely implicated in this case. 4. The Kati and other seized articles were sent to R.F.S.L. Berhampur for Chemical examination. After completion of the investigation, charge sheet was filed against the appellant for commission of offence under Section 302 and 307 IPC. The plea of the appellant was that he has been falsely implicated in this case. 4. In order to bring home the charge, during trial the prosecution examined as many as 17 witnesses, which includes P.W. 13 the injured eye witness to the occurrence, P.W.7-the informant, P.W. 16-the Investigating Officer, P.W. 15-the Doctor, who conducted post-mortem over the dead body and P.W. 17 -who examined the injured PW. 13. The Prosecution also exhibited many documents including the FIR-Ext.5 and Post Mortem Report under Ext.6, Injury Report under Ext 9/1 and Chemical Examination Report under Ext.23. On the other hand the defence neither examined any witness nor exhibited any documents. 5. The learned Addl. Sessions Judge after threadbare discussion of the materials available on record, came to a conclusion that the prosecution has successfully proved its case against the appellant for commission of offences under Section 302 IPC. However the Addl. Sessions Judge further opined that the offence under Section 307 IPC is not made out, but an offence under Section 324 IPC is made out. Accordingly the Court below held the appellant guilty for commission of the offences under Sections 302 and 324 IPC. 6. Learned counsel for the appellant submitted that the impugned judgment against the weight of evidence on record. The Court below convicted the appellant only relying on the evidence of interested witness. No independent witnesses were examined. According to him due to sudden provocation and altercation of words between the deceased and the appellant such an incident happened. Hence no motive can be attributed to such an incident. Thus, the appellant could not have been convicted under Section 302 IPC and at best it can be an offence under Section 304 Part-II IPC. Therefore, according to him, the impugned judgment of conviction and order of sentence are unsustainable and liable to be interfered with. 7. Hence no motive can be attributed to such an incident. Thus, the appellant could not have been convicted under Section 302 IPC and at best it can be an offence under Section 304 Part-II IPC. Therefore, according to him, the impugned judgment of conviction and order of sentence are unsustainable and liable to be interfered with. 7. Per contra, the learned Additional Standing counsel submitted that the Court below had arrived at the finding basing on the evidence of the eye witness to the occurrence, the Post Mortem Report as well as the statement of the appellant recorded under Section 313 Cr.P.C., 1973 The Court below also came to a positive finding that there was motive to cause harm of the deceased. The evidence of the injured eye witness corroborates with the medical report. Thus, the impugned judgment of conviction and order of sentence warrant no interference in this appeal. This criminal appeal, therefore, being devoid of merit liable to be dismissed. 8. Perused the L.C.R. and went through the evidence on record carefully. The informant-P.W.7 in his examination-in-chief stated the facts which corroborated with the FIR. According him he got the information at noon from the brother of the appellant that the deceased had become senseless due to assault on his head. However when he reached there, he found the Courtyard was flooded with blood and his brother had died and shifted to the medical due to assault made by the appellant. However regarding altercation of hot words between the deceased and the assailant as stated in the FIR, nothing has been deposed before the Court. 9. P.W. 13 is the wife of the appellant and also the injured eye witness to the occurrence. She is also the daughter of the deceased. In her examination in chief, she has stated that the appellant dealt blows on the head of the deceased by means of Kati and when she tried to rescue her father, the appellant dealt Kati blows on her right leg and lateral side of right hand elbow joint and on left hand below the thumb. Due to such blows, her father died and she became senseless. In her cross-examination nothing substantially brought out by the defence. 10. The Doctor, P.W. 15 who conducted autopsy over the dead body reported the following injuries over the dead body. i. There was a gaping injury 9? Due to such blows, her father died and she became senseless. In her cross-examination nothing substantially brought out by the defence. 10. The Doctor, P.W. 15 who conducted autopsy over the dead body reported the following injuries over the dead body. i. There was a gaping injury 9? x 2" x 4.4" on the middle of the scalp starting from the posterior inferior border of the left ear to the right paritotemporal boarder of the scalp. On dissection of the scalp it is found that the outer table and the inner table of left parietal, left temporal and right parietal bones are fractured with loss of bone, dura-matter with associated structure at left parietal temporal bone of the size 4" x 2 " x 4.4 " in relation to the external injury of the scalp. It is also found that the underlying bone matters are cut with blood clot of 150 ml. Found inside brain. A clot of 10ml. At the left tympanic membrane was also found. ii. One incised would 3 " x 1 " 1? " on the dorsum of the wrist extending to fore-arm with underlying muscles tendon are split with fracture of lower end of radious. The Doctor came to a conclusion that the above injuries were ante mortem in nature and death was due to shock and hemorrhage to the brain. The injuries found on the deceased might have been inflicted by the Kati sent to him. Such finding of the doctor corroborated with the evidence of P.W. 13 with regard to overt act performed by the appellant. 11. So far as the injuries sustained by P.W. 13, the medical examination report corroborates with the statements of P.W. 13. With regard to the plea of the plea of the sudden provocation and altercation of words between the deceased and the appellant, no material is available on record to substantiate such plea. None of the witnesses had stated regarding sudden provocation or altercation of the words between the deceased and the appellant. Thus such plea of learned counsel for the appellant is not sustainable. Rather the Court below has reasonably concluded that there was motive for such an assault basing on the statement of the appellant recorded under Section 313 Cr.P.C., 1973 12. Thus such plea of learned counsel for the appellant is not sustainable. Rather the Court below has reasonably concluded that there was motive for such an assault basing on the statement of the appellant recorded under Section 313 Cr.P.C., 1973 12. As discussed in the above paragraphs and on close scrutiny of the evidence on record, this Court is of the opinion that the Trial Court on a threadbare discussion has convicted the accused person and passed the sentence. In such background, this Court is not inclined to interfere with the impugned judgment. The conviction and sentence passed by the Trial Court is hereby confirmed. 13. The Criminal Appeal stands dismissed accordingly.