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2008 Supreme(Ori) 594
IN THE HIGH COURT OF ORISSA
L. Mohapatra, B.P. Ray, JJ.
SURU MAHAR AND OTHERS - APPELLANT
Versus
STATE OF ORISSA - RESPONDENT
Criminal Appeal No. 13 of 1994
Decided On : 02-12-2008
Bijan Ray and Associates, for the Appellant;
The central legal point established in the judgment is the assessment of liability and intent in cases of assault leading to death, and the application of appropriate sections of the Indian Penal Code based on the evidence presented.
Headnote:
Indian Penal Code - Criminal Appeal - Sections 302, 148, 323, 341 - Summary
Fact of the Case:
The case involved the appeal against the conviction and sentencing of the appellants under various sections of the Indian Penal Code for their involvement in an assault resulting in the death of the deceased.
Finding of the Court:
The court found that the accused Bhuban was responsible for the fatal blow causing the death of the deceased, and therefore, convicted him under section 304 Part-I of the Indian Penal Code instead of section 302. The court also found that the other accused did not share a common object to cause the death of the deceased and set aside their conviction under section 302/149 of the Indian Penal Code.
Issues: The key issues included determining the liability of the accused for the death of the deceased, establishing the presence of a common object among the accused, and assessing the nature of the assault and injuries sustained by the parties involved.
Ratio Decidendi: The court's decision was influenced by the evidence presented by the prosecution witnesses, the nature of the injuries sustained, and the absence of a common object among the accused. The court also considered the absence of premeditation and motive in the assault.
Final Decision: The appeal was dismissed with the modification of the conviction and sentence.
JUDGMENT :
B.P. Ray, J. - This criminal appeal is directed against the judgment and order of conviction dated 23.12.1993 passed by Learned Addl. Sessions Judge, Bolangir in S.C. Case No. 59/21 of 1993 convicting all the Appellants u/s 302, Indian Penal Code and sentencing them to undergo imprisonment for life, further sentencing to each of them to undergo R.I. for a period of six months under each count u/s s. 148 & 323, Indian Penal Code and S.I. for 10 days u/s 341, Indian Penal Code directing that all the sentences shall run concurrently. The Appellants in this appeal challenge the aforesaid conviction and the sentences passed by the Court below.
2. The prosecution case in brief is that on 8.1.1993 at about 2.30 P.M. while the informant Kartika Behera was coming to the village danda after taking his meals, he saw that the accused persons being armed with Lathies, tangia, merraha and tabli are chasing his maternal uncle, Bilam Budek to assault. When he rushed to them to come to his rescue, the accused Deba Mahar gave a Merrha blow on his back. While he fell down on the ground on receipt of the said blow, other accused persons also assaulted him. He raised hue and cry and on hearing so, his father Abhi Behera and brothers Sartika and Biranchi ran to the place of occurrence and as soon as they arrived at the place, the accused persons also assaulted them. Accused Bhuban gave a Tabli bow to the back of Biranchi as a result of which he sustained injury and fell down. Thereafter, the accused persons hurriedly ran away. The neighbours who assembled there shifted the injured to Chudapali hospital by a bullock cart and thereafter he was shifted to Bolangir hospital. While coming to Bolangir on the way at Sadar Police Station the informant gave an oral report to P.W. 11 - OIC of Sadar Police Station, who reduced the same into writing. P.W. 1 informant subscribed his signature to the FIR (Ext. 1) at 4.40 P.M. on the same day. The OIC (P.W. 11) registered the complaint as Sadar P.S. Crime No. 8/93 under Sections 147/148/241/294/326/325/323/302 and 149 of Indian Penal Code against the accused persons. Then he examined the informant and his brother Sartika and father Abhi and sent the injured to the hospital for treatment where Biranchi breathed his last. On getting this information the OIC sent a constable to guard the dead body and he himself came to hospital and examined some witnesses and then proceeded to the place of occurrence. He visited the spot prepared rough sketch, examined some witnesses and arrested the accused persons. During investigation he seized the Tabli, axe, lathi in presence of witnesses. He conducted inquest on the dead body of deceased on 9.1.1993 at 7.00 a.m. in presence of the witnesses and prepared inquest report. and thereafter he sent the dead body with requisition for conducting autopsy. On the same day at 11.45 a.m. the wearing apparels of the deceased were seized and on disclosure statement of accused Tanka, a tabli was recovered and seized. The OIC (P.W. 11) sent the seized weapons to the doctor for examination and opinion. On 25.02.93 he gave requisition to the SDJM, Bolangir to send the material objects for chemical examination. On completion of the investigation, the police submitted charge sheet against the accused persons in the Court of SDJM, Bolangir, who in his turn, committed the case to the Court of sessions for trial.
The prosecution in order to substantiate its case examined as many as element witnesses and proved several documents which were marked as Exts., while the defence examined one witness in their favour and also proved several documents and pleaded not guilty of the offences charged against them and claimed to be tried.
3. On 09.01.1993 P.W. 2 was the Medical Officer in the Headquarters hospital, Bolangir. On that day, he conducted the autopsy of the dead body of Biranchi and submitted the Post Mortem Report, Ext. 2. It is evident from the report under Ext. 2 that the death was due to p
