BABULI ALIAS NARAYAN BAHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Eight persons were put up for trial before the learned Additional Sessions Judge, Cuttack, on the charge that at about 8 p.m. on October 17, 1965. They had committed the murder of one Siba Prusty. The appellant and one other accused were charged under Section 302. Penal Code, simpliciter and they were also charged along with others under Section 302 read with Section 34 of the Penal Code,. Accused No. 6. Ratnakar Prusti, was granted pardon after the evidence of as many as 31 witnesses was recorded and he was examined as an approver. The learned Judge acquitted all of the accused and in an appeal filed by the State of Orissa that order was confirmed by the High Court of Orissa except in regard to the appellant who has been convicted under Section 302 of the Penal Code and has been sentenced to imprisonment for life. The appellant challenges the correctness of his conviction in this appeal by special leave.

(2.) On the evening of October 17, 1965, the deceased Siba Prusty and Ghanshyam Ojha (P. W. 1) were returning to their village from a place called Baitarani Road. They were riding on their bicycles, the deceased being a little ahead of Ghanshyam. When they reached the Depada culvert, the appellant is alleged to have stopped the bicycle of the deceased and after the deceased got down the appellant is alleged to have dealt a heavy blow on his head with a lathi, Ghanshyam saw the assault but being terrified turned back and fled away. The First Information Report was lodged at the Korai police station the next evening at about 4-30 p.m.

(3.) The appellant and the other accused contended that they were implicated in the offence falsely on account of enmity between them and the rival faction of which Ghanshyam was a member.