HANTALA ENDAYA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the judgment and order of the learned Sessions Judge, Koraput at Jeypore dated 11.1.2000 in Sessions Case No. 145 of 1996 convicting the Appellant for commission of offence under Section 302 of the Indian Penal Code ( in short ' IPC') for causing death of one Parapi Parbati on 7.2.1996 at about 4 P.M. at village Ekagoluru.

(2.) The case of the prosecution is that the deceased had given birth to a child eleven days prior to the incident. On the date of occurrence, the deceased and her mother along with some others namely, P. Ws.2, 3 and 4 were sitting and the mother of the deceased was nourishing the child. At that time the Appellant came in drunken state and started abusing the father of the deceased. It is also alleged that the Appellant assaulted the father of the deceased, threw a stone to the house of the deceased and thereafter dealt two fist blows to the deceased, one on the chest and the other on the belly and as a result of such assault, the deceased died at the spot. P.W.1 before whom the incident was narrated lodged the F.I.R. on the basis of which, investigation was taken up and charge sheet was filed for commission of offence under Section 302 IPC.

(3.) The prosecution in order to bring home the charge, examined 9 witnesses whereas the defence examined none. Out of the 9 witnesses examined on behalf of the prosecution, P.W.1 is the informant, P. Ws.2, 3 and 4 are eye-witnesses to the occurrence, P.W.5 is the Constable, who had taken the dead body for postmortem examination, P.W.6 is a witness to the inquest, P. Ws.7 and 9 are Investigating Officers and P.W.8 is the doctor, who conducted postmortem examination.