Judgement

MOHAPATRA, J. :- The appellant Nitai Naik has been convicted under S. 302 of the Indian Penal Code and has been sentenced to imprisonment for life for having intentionally caused the death of one Nagai Bewa by assaulting her with a bamboo lathi on 18th of July, 1954 in the afternoon in village Paktia in the district of Mayurbhanj. The deceased was residing in the house of her daughters daughter Dull Dei (P. W. 8) in the same village. Tha accused also belongs to the same village.

But, some time after his marriage which took place nearly two years prior to the incident, he went away from the village and lived with his father-in-law in another village. He, however, returned on 16th of July, 1954 to the village Paktia and complained of reeling of head. He wanted some medicine from the deceased, who had some reputation in the locality as a quack. On 17th of July, 1954 he approached the deceased in the house of P. W. 8 for medicine and on the next day also, that is, the date of occurrence, he again approached the deceased for medicine.

The deceased refused to give any more medicine saying that she cannot cure the disease of the accused. The accused then demanded the deceased to le