GARBAPU VENKATIRAMANA Vs. STATE OF ORISSA

JUDGEMENT

(1.) APPELLANT Garbapu Venkatiramana and two others (Garbapu Prasad and Garbapu Ramulu) were facing trial in the court of learned Additional Sessions Judge, Rayagada in Sessions Case No.51 of 1997 (Original S.C. No. 158 of 1997 of the Sessions Judge, Koraput, Jeypore) being charged under Sections 302/324/34, IPC. By the judgment and order dated 11.06.1998, the learned trial Judge while acquitting Garbapu Prasad and Garbapu Ramulu of the charge, convicted the appellant under Sections 302/324, IPC and sentenced him to undergo imprisonment for life for the offence under Section 302, IPC, but did not impose any separate sentence for the offence under section 324, IPC.

(2.) CASE of the prosecution is that on 10.3.1997 at about 8.00 P.M. Garabapu Elemma, the daughter of Garabapu Ramulu (co-accused since acquitted) was shaking the supporting wire of the electric pole situated in the locality. In course of shaking, there was sparking in the live wire of the electricline. P.W.2, the informant (wife of P.W.1) told her not to do that as there werechances of causing damage to the houses of the locality. But she continued torepeat the same. At that time, P.W.1 came and protested, but she did not listenand started rebuking P.W.1. When P.W.1 confronted Elemma as to why she wasrebuking, the three accused persons appeared and started abusing P.Ws.1 & 2instead of cautioning Elamma. Then the present appellant went to his house,came with a knife and dealt a knife blow to the left arm of P.W.1. As a result,P.W.1 sustained bleeding injury on his arm. At that juncture, Dharmani Krishna(deceased), younger brother of P.W.1, arrived at the spot. When he challengedthe appellant, the appellant on being instigated by the co-accused persons (sinceacquitted) stabbed to the left side chest of the deceased. As a result of suchstabbing, the deceased died at the spot sustaining bleeding injury. The informantwith the help of her husband's younger brothers shifted P.W.1 to the hospital andlodged FIR in the Rayagada Police Station, consequent upon which, policeregistered the case, investigated into the matter and submitted charge sheetunder sections 302/324/34, IPC against the three accused persons including thepresent appellant.