STATE Vs. KUTRUKA GOVINDA
HIGH COURT OF ORISSA
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B.K.Patra, J. -
(1.) THIS is an appeal by the State against an order of the Sessions Judge, Koraput, acquitting the Respondent who was tried on a charge under Section 302, Indian Penal Code on the allegation that at about 4.00 P.M. of 29 -4 -1969, he committed the murder of Mahanandia Khochar alias Balada Domb.
(2.) THE prosecution case in short is this : p.w. 8 Kutruka Melbega had given possessory mortgage of his lands to the deceased, the stipulation being that the latter would enjoy the lands for three years at the end of which the mortgage would stand discharged. On the date of occurrence, the deceased had come to Kutruka Melbega 's house and on the latter 's verandah they were talking to each other when suddenly the Respondent came to the spot and assaulted the deceased with a Kati. He dealt several blows on the head face and hand of the deceased as a result of which the latter fell down sustaining bleeding injuries. P.w. 8 raised an alarm hearing which several persons including Kutruka Situnna (p.w. 6) the father and Kutruka Bodru (p.w. 7) the brother of the Respondent came to the spot. They found the deceased lying injured and the Respondent standing there with a blood -stained Kati. They snatched the Kati from the Respondent and tied him to a post and on being questioned the Respondent admitted having inflicted the injuries on the deceased. P.w. 13 Ratnala Dandasi accompanied by some other persons went to the police station and reported about the occurrence to the officer -in -charge who drew up the F.I.R. (Ext. 8) and reached the spot and found Balda Domb dead. That very day he held the necessary inquest over the dead body and sent it for post -mortem examination and arrested the Respondent. He seized inter alia the Kati (M.O. I.) and the cloth worn by the Respondent (M.O. II.) and sent them to the Chemical Examiner for necessary examination and report. After completing investigation, charge sheet was submitted against the Respondent. After preliminary inquiry by a Magistrate, the Respondent was sent up for trial before the Court of Session. The Respondent pleaded not guilty to the charge framed against him. He denied all knowledge about the occurrence and stated that he was mad.
(3.) P .w. 1 is the doctor who conducted the post -mortem examination over the dead body of Balada Domb; He found as many as ten external injuries on the person of the deceased. The first one was a lacerated injury on the forehead 8" Ã - ¾"Ã - 3". The second and the third were incised injuries over the vertex and on the forehead respectively. Nos. 4, 5 and 6 were incised injuries on the left ear. No. 7 was an incised injury over the nasal bridge. No. 8 was an incised injury extending from 1/2"below the left zygomatic membrane upto ¼" above the left angle of the mouth No. 9 was an incised injury on the lateral side of the neck and No. 10 was an incised injury over the dorsal surface of the left wrist. On dissection he found incised injury of the membranes of the skull and prolapse of the brain matter through injury No. 1 over the forehead. In the opinion of the doctor, the two internal injuries which correspond to external injuries 1, 2 and 3 were fatal and that death was due to those injuries. He further opined that all the injuries were antemortem in nature and could be caused by a sharp cutting weapon like M.O. I. There cannot, therefore, be any doubt that the death of the deceased was homicidal. The finding to that effect recorded by the learned Sessions Judge is not assailed before us.;
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