DHANA HARIJAN Vs. STATE

JUDGEMENT

(1.) The sole appellant has been convicted by the Trial Court under Section 302 of the Penal Code and sentenced to undergo rigorous imprisonment for life.

(2.) Prosecution case in short is that on 9-3-1992 at about 10 p.m. when Jagannath Harijan, deceased and his wife Jamuna Harijan (P.W.3) were returning from the house of Jasoda Harijan (P.W.2) situate in village Mirganguda to their house in village Kojguda and on the way in the mango tope, the appellant and accused Bhagban Harijan suddenly appeared and Bhagban Harijan pushed wife of the deceased whereafter the aforesaid two accused persons including the appellant assaulted the deceased on his head by Tangia and thereafter both of them fled away with the same. Jasoda Harijan (P.W.2) came to the spot on hearing hulla of Jamuna Harijan and both of them removed the injured to Sub-Divisional Hospital for treatment. After her husband was admitted in the hospital the wife of the deceased went to Nowrangupur Police Station and presented written report there stating the aforesaid facts. On the basis of the said report a case was registered against the accused persons under Section 307 read with Section 34 of the Penal Code which later on was converted into one under Section 302 of the Penal Code as the victim succumbed to the injuries in the hospital. After registering the case police took up the investigation and on completion thereof submitted the chargesheet. On receipt of the charge-sheet, learned Magistrate took cognizance and committed the accused persons to the Court of Sessions to face trial.

(3.) The defence of the accused persons was that they were innocent falsely implicated and no occurrence at all had taken place much less the occurrence alleged.