SRIDHAR BHUYAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) Leave granted.

(2.) A Division Bench of the Orissa High Court confirmed conviction of the appellant for offence punishable under S. 302 of the Indian Penal Code, 1860 (in short the I. P. C.) and sentence of imprisonment for life as awarded by learned Sessions Judge, Mayurbhanj, Baripada.

(3.) Prosecution version as unfolded during trial is as follows : On 21-8-1988, Umakanta (brother of the appellant) teased Jayanti, the niece of Chintamani Rout (PW-1), father of the Pratap (hereinafter referred to as the deceased). On 22-8-1988 Pratap complained about the previous incident to his father (PW-1) who asked him to wait till the arrival of Jayantis father who was away from the village. In the evening when Jayantis father returned home, the deceased along with Jayantis father and Benundhar Rout (PW-5) went to the house of the appellant to ascertain the reason for his having teased Jayanti. As Umakanta was absent nothing could be decided. On the succeeding day i.e. 23-8-1988 morning, the deceased went to the house of the appellant to ascertain whether his brother Umakanta had returned home. He also insisted that the appellant and his brother Umakanta should come for a settlement of the incident regarding teasing of Jayanti. As they refused, quarrel ensued there. At this moment, the appellant went inside his house and came out with a knife and dealt blows with it on the back of the deceased. When the deceased turned his face, the appellant caught hold of his neck and pierced the knife into his chest. P.Ws. 4 and 7 who were present at the spot tried to save the deceased from the appellant but could not succeed. The deceased who had fallen down near the fence of Chakradhar Bhuyan was, however, taken to the village library where he succumbed to his injuries.