- (1.) PRADEEP Nayak, who was arrayed as A2 before the Sessions Judge along with six other accused, was found guilty under Section 452 and 302 I.P.C. The Trial Judge directed him to undergo rigorous imprisonment for a period of two years under Section 452 I.P.C and on being convicted under Section 302 I.P.C, he was sentenced to imprisonment for life. He was acquitted under Section 307 read with Section 34 I.P.C. The Trial Judge also acquitted Golak Nayak (A1), Simola Nayak (A3), Jadu Nayak (A4), Bhadu Nayak (A5), Malti Nayak (A6) and Santo Nayak (A7). The present appeal by Pradeep Nayak is against the said conviction and sentence.
(2.) THE facts of the case are as follows: On 12.7.1993, a calf belonging to the deceased Manbodh Rautia entered the garden of Golak Nayak Aland destroyed the crops. This is said to be the motive. At about 10.00 a.m. on 12.7.1993, the deceased Manbodh Rautia with his wife Nirola Rautia P.W.7 was in the house. According to the prosecution, all the accused including the appellant and acquitted accused entered the house and thereafter the deceased was inflicted with a Tangi blow by the appellant. After that, the appellant and other accused went away. On hearing the cries of P.W.7, P.W.1 Vidhadhar Nayak and P.W.6 Yogeshwar Rautia along with other villagers arrived at the house of the deceased. Thereafter Manbodh Rautia was taken to the hospital. P.W.8 Dr. Madhu Tigga examined the injured Manbodh Rautia and found a lacerated wound measuring 2" x 1/2" x bone deep. The said wound was on the left side of the scalp. After the first aid was given to Manbodh Rautia, he was referred to M.G.M. Hospital, Jamshedpur, for better management. Ext.3, the injury report, was issued by the said Doctor, P.W.8. In the meantime, on getting information about the occurrence, a Police Officer from the police station went to the hospital, to whom Ext.4, the fardbeyan, was given by P.W.7. Thereafter the Police Officer returned to the police station and registered an F.I.R under Ext.6 at 4.00 p.m. Investigation was taken up, during which witnesses were examined. While the investigation was proceeding, Manbodh Rautia died at the hospital at Jamshedpur and on getting information about the death, the crime was altered to one under Section 302 I.P.C. Investigating Officer, P.W.10 Indrama Singh went to the hospital, conducted inquest by examining witnesses and prepared the inquest report, Ext.5. A requisition was issued to the Doctor requesting him to conduct autopsy. P.W.5 Dr. Akhilesh Kumar Chaudhary attached to M.G.M. Hospital, Jamshedpur, on receipt of the requisition, conducted autopsy on the dead body at 10.00 a.m. on 14.7.1993 and he found the following injuries: Stiched wound two in number on left half of parietal scalp, hairs shaved around wound. Number of stiches four only over each wound. After stitches removal wound measuring 3 c.m. x 5 c.m. x bond deep and 3.5 c.m. x 0.5 c.m. x bone deep were seen. The parietal bone having cracked, undisplaced, fracture. Internal injuries: whole of subcutaneous and muscular lairs of scalp contused with presence of blood clots over it. Both halves of brain were contused. P.W.5, the Doctor, issued Ext.1, the post mortem certificate, with his opinion that death is on account of head injuries and infection of lungs. In the said report, he has opined that the said injuries could have been caused by a blunt and hard substance.
(3.) AFTER the completion of investigation, during which witnesses were examined, final report was filed against the appellant and other accused.;