BRUNDABAN BHUYAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant Brundaban Bhuyan having been convicted under Section 302, IPC by the learned Additional Sessions Judge, Paralakhemundi, Dist-Gajapati in S.C. No.9 of 1997/S.C. No. 190 of 1997 (GDC) and sentenced to undergo imprisonment for life has preferred this appeal from jail.

(2.) THE case of the prosecution is that on 29.12.1996 at about 7.00 AM in the morning, the informant along with his father (deceased) and mother, had been to their land to uproot turmeric. THEy arrived at the spot at 10.00 AM and started digging and uprooting the turmeric from their land. After collecting turmeric, the informant and his mother started boiling the same in their land. THE deceased (father of the informant) who was at a little distance, started cutting straw. At that time, the present appellant and co-accused Biswanath Bhuyan (since acquitted) arrived there being armed with lathis and all on a sudden the present appellant dealt a lathi blow on the head of the deceased and two other blows to the body of the deceased as a result of which the later fell down and there was profuse bleeding from the head which was fractured. Seeing the occurrence, the mother of the informant rushed to the spot and both the accused persons also dealt lathi blows on her, as a result of which she sustained injury on her left hand and right leg. THEreafter, the present appellant chased the informant who out of fear concealed his presence in the nearby forest. After some time, when the informant came to the spot, he found his father gasping and there was profuse bleeding from the back side of his head. As the mother of the informant apprehended that the accused persons might take away the life of her son, she advised the informant to conceal his presence in the night inside the forest and the informant did so. In the morning, the informant came back to the village and informed about the incident to the villagers. When some of the villagers went to the spot along with the informant, they found his father dead. THEreafter, he reported the matter at Garabandh P.S. pursuant to which the police took up investigation and ultimately filed charge-sheet against the present appellant and the co-accused Biswanath (since acquitted).