NABA KISHORE ROUT Vs. STATE OF ORISSA

JUDGEMENT

(1.) Can an accused be convicted on the basis of the testimony of witnesses, who have been disbelieved in respect of a major portion of their evidence, is the salient question that falls for adjudication in this appeal.

(2.) THE appellant along with five Qthers stood trial under Section 148, 302/149, in the alternative under Section 302134 of the Indian Penal Code (in short 'the I.P.C.'). While others have been acquitted, the appellant was held guilty, convicted under Section 304, Part II, I.P.C. and sentenced to undergo Rigorous Imprisonment for seven years.

(3.) ACCUSED Kirtan, Bhagaban, Krushna and Kapila took the plea that they were not present at the spot and have been falsely implicated in the case. The present appellant and his father Iswar took the plea that the disputed land was all along on their possession and they had raised paddy thereon. On the date of occurrence, P.W. 1 sent a large number of labourers to cut the unripe paddy from the case land and while they were cutting paddy on protest being raised, the labourers replied that they were directed by P.W. 1 to do so. On the advice of the appellant and his father, some of the labourers including the deceased went to call P.W. 1. The appellant and his father waited near a banian tree. The deceased went and called P. W. 1 to that place. Discussions were held between the appellant and his father on the one hand and the deceased and P.W. 1 on the other. In course of discussion a quarrel ensued, at the direction of P.W. 1 the deceased dealt a push to Iswar, as a result of which he fell down, where after accused Iswar got up and dealt two blows with a lathi to the deceased. When the deceased rushed towards the appellant with a sickle to assault him, the latter caught hold of it, and a tussle took place in course of which the pointed portion of the sickle accidentally pierced the neck of the deceased causing bleeding injury. The appellant and Iswar went away, and had no idea as to what happened thereafter.