Decided on November 17,1978

Madga @ Lusu @ Chandramohan Majhi Appellant
THE STATE Respondents


S.Acharya, J. - (1.) THE Appellant stands convicted under Section 302, Indian Penal Code and has been sentenced thereunder to undergo R. I. for life.
(2.) THE prosecution case, in short, is that on the night of 24/25 -6 -1974 there was theft of some articles from the house of the deceased Mochiram Majhi. The deceased suspected his nephew, the accused, to have committed the said theft. In the morning of 28 -6 -1974 the deceased went to the house of the accused and found some of the stolen articles in the accused's house, and he brought back those articles to his house. At about 5 p. m. on the same day the deceased again went to the house of the accused with the hope of getting some more stolen articles. At that time the accused assaulted the deceased with an axe as a result of which the deceased died at the spot. Thereafter the accused brought a knife from his house and cut the scrotum and the penis of the deceased and set fire to his wearing cloth. P.Ws 2 and 5, two co -villagers, saw the occurrence from close quarters and immediately informed the villagers about the occurrence. P.Ws 6 and 8 lodged information about the occurrence at the Rairangpur Police Station at about 7 p. m. on the same day. After investigation and commitment proceeding the accused was tried for an offence under Section 302. Indian Penal Code of which he has been convicted. The accused has denied his complicity with the occurrence in toto, and has stated that a false case has been foisted against him.
(3.) P .W. 1, on post -mortem examination, found the following injuries on the deed body of the deceased ; (1) 3" x 4" of the scalp was absent irregular in margin, extending form right temporal to left parietal and occipital to frontal. (2) Frontal, parietal, a portion of right temporal occipital bone were absent. (3) Temporal, parietal, frontal, occipital portion of the membrane were absent. (4) Brain and spinal chord - brain matter was completely absent in the cranial cavity. Spinal chord in tact. (5) Right chamber of the heart contained clotted blood and left chamber of the heart was empty. (6) Lacerated tongue and gums of both sides and comminuted fracture of the mandible and palate bone. (7) Right eye ban was absent, teeth were absent, external genital and penis and scrotum were absent completely with a portion of surrounding skin. (8) A' piece of 3" X 4" size held burnt cloth was present in right hand. (9) A big blister was present in right dorsum of the palm and the left hand 3 fingers (middle, ring and little) were burnt and blisters were found. (10) Blisters were seen in the back of the body. (11) Multiple burnt blisters were seen in both legs and thigh. P.W. 1 has opined that the death of the deceased was due to the injuries on his vital organs like the brain and that the brain injury was sufficient in the ordinary course of nature to cause the death. From the nature and number of the injuries on the dead body, there is absolutely no doubt that the death of the deceased was homicidal. The finding of the Court below on this aspect is not challenged by the counsel appearing for the Appellant.;

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