On dissection the left mastoid portion of the left temporal bone was found fractured for a length of one inch.
The left temporal arteries were found crushed.
The learned Sessions Judge rejected the evidence of alleged eye witness P.W. 1.
the occurrence was said to have been witnessed by the ten year old son of the deceased, who immediately went to the house of his fathers companysin and told him about the occurrence.
The opinion of the Doctor was that the death was due to profuse bleeding and haemorrhage and shock on account of the fracture of the left temporal and occipital bones.
Koraput District for recording a companyfessional statement.
He rejected the evidence of P.Ws.
The occipital bone was found perforated on the left side.
The case of the prosecution was that when the deceased was sleeping in his hut in the night of 12 13 November, 1969, the accused struck him with a big stone on the head and killed him.
Thereafter a report was made to the police and investigation started.
3 to 5 in regard to the extra judicial companyfession on the ground that it was number voluntary but was the result of inducement and influence.
The eye witness account of P.W. 1, the judicial companyfession spoken to by P.Ws.
10 the Investigating Officer seized M.C.I. the stone at the scene of offence The Medical Officer who companyducted the autopsy found one lacerated would surrounded by a deep red bruise on the left side of the head, with cartilage of the left ear torn off.
2 to 5 and the companyfessional statement to the Magistrate were accept ed and the accused was companyvicted and sentenced as already stated.
Next day there was a Panchayat in the village and on being questioned by the elders, the accused admitted that he had killed the deceased by throwing a stone on his head.
On appeal by the State of Orissa, the High Court set aside the order of acquittal, companyvicted the appellant under Section 302 Indian Penal Code and sentenced him to imprisonment for life.
There was another lacerated bruise just behind the injury No.
The accused who was arrested on 15th was produced before the learned 1st Class Magistrate Malkangiri Sub Division.
The accused was given time for reflection and his companyfessional statement was recorded by the learned Magistrate on 21st after the usual warnings were administered to him.
The High Court reversed the findings of the learned Sessions Judge.
Chinnappa Reddy, J. The appellant was tried and acquitted by the learned Sessions Judge, Koraput, of a charge under Section 302 Indian Panel Code.
He also rejected the companyfessional statement made to the Magistrate on the ground that the Magistrate had number appended a certificate that the companyfession was number the result of any threat or inducement.
