STATE OF ORISSA Vs. KUNDA ALIAS BHATUA LAKRA

JUDGEMENT

(1.) The learned Sessions Judge, Sundargarh having convicted the accused-opposite party under Section 302, IPC by judgment dated 12.11.2002 in Sessions Trial No. 201 of 1998 has made this reference under Section 318 Code of Criminal Procedure for passing of necessary orders regarding imposition of sentence by this Court being of the view that the accused is unable to understand the proceedings.

(2.) The case of the prosecution as unfolded during trial is that the accused-opposite party, a deaf and dumb, was residing with his father, mother, brother and sister-in-law at village Chandiposh. He used to loiter in the village and was avoiding any work for which his father was often becoming displeased with him. On the date of occurrence, i.e., 19.03.1998, a quarrel ensued between the accused and his deceased father on a flimsy ground. Consequently, the accused picked up a wooden plank (a piece of fire-wood) and mercilessly assaulted on the head, back, arms and body of his father causing severe bleeding injuries, which resulted in his death. The further case of the prosecution is that the accused was digging a grave near their house to bury his deceased father. While doing so, the villagers arrived. Seeing them, the accused tried to escape but he was caught hold of and tied. Then the villagers took him to the Rajgangpur Police Station along with the weapon of offence. The informant orally reported the matter before the I.I.C. of the said Police Station, who reduced his oral report to writing, registered the case and took up investigation. Upon completion of investigation, the I.O. submitted charge-sheet against the accused-opposite party under Section 302, IPC.

(3.) In course of trial, to bring home the charge, prosecution examined as many as eleven witnesses including the doctor and exhibited 14 documents. Defence examined none. Being a deaf and dumb, the accused-opposite party did not take any plea in course of his examination under Section 313 Code of Criminal Procedure and his examination could not be carried out by the court in spite of taking assistance of an interpreter summoned from the School of Deaf and Dumb.