SISIR KUMAR ROUT Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE judgment and order of conviction dated 23.04.1997 passed by the learned Sessions Judge, Dhenkanal -Angul convicting the appellant under Section 302, I.P.C. and sentencing him to undergo R.I. for life in S.T. Case No.68 -D(A) of 1988 is assailed in this Criminal Appeal.

(2.) THE prosecution case was set to motion on the basis of an F.I.R. filed by one Ajay Kumar Rout (P.W.4) alleging that when he was proceeding towards his paddy field situated in village Baliambo, under Sadar P.S., Dhenkanal, accused -Jasobanta Rout, (who has been acquitted in Session Case No.68 -D/98) saw him from a distance and started abusing him in filthy language and challenged him as to why he let out the water from his filed. Thereafter, he snatched one lathi from one Amar Baral and chased to assault the informant, who out of fear ran towards his village. While he was retreating, Jasobanta chased him, hurling abuses. Hearing, the shouting, his family members like Jayakrishna Rout, Subal Rout, Brajabandhu Rout, Bidhan Rout, Hitlar Rout, Sisir Kumar Rout (the appellant), Rabi Rout, Akhaya Rout and Nanda Rout came armed with lathi, Kati, spear and gun and assaulted the informant Ajay Kumar Rout. At that juncture, Josabanta arrived at the spot and caught hold of the informant. Hearing the commotion, Manas Lenka arrived and raised commotion; consequently the accused persons caught hold of Manas Lenka and assaulted him. While matter stood thus, Adikanda Rout, Biprabar Rout, Digambar Panda and others who belong to the group of informant arrived there and there was a free fight among the who groups. Sugribar Rout arrived there and attempted to pacify the matter by dissuading the parties from mutual fight, and both the parties separated and moved to a distance from each other. After they separated Sugribar Rout started talking with Jayakrishna Rout and suggested him for a settlement of the dispute in the village with the intervention of the gentlemen. Accused Sisir Rout all of a sudden dealt a blow on the head of the deceased Sugribar Rout by means of Kati (Katari). Receiving said blow Sugribar fell down sustaining serious fracture wound on his head. Seeing this incident, accused Sisir Rout ran away with the Katari. One Basudev Jena who was on his way back from the field tied a napkin on the head of Sugribar and shifted him to village Mandap and thereafter he was carried to Bhapur Hospital in a bullock cart. On the way, they went to Bhapur Outpost and lodged an FIR. On the basis of said FIR, investigation commenced and the injured was sent to Bhapur Hospital and from there he was referred to Dhenkanal District Headquarters Hospital. Seeing the condition of the injured serious, the doctors of Dhenkanal referred him to S.C.B. Medical College and Hospital, Cuttack and in course of his treatment at S.C.B. Medical College and Hospital, injured -Sugribar expired on 06.08.1986.

(3.) ON being satisfied that a prima facie case was made out by learned S.D.J.M., Dhenkanal took cognizance of the offences and committed the case to the Court of Session for trial.