GANDHARBA TANDI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant having been convicted under Section 302 of the Penal Code for commission of murder of Suta Tandi and further being convicted under Section 323 of the Penal Code for injuring Maheswar Tandi (P.W. 4) and having been sentenced to imprisonment for life by the learned Sessions Judge, Kalahandi has preferred this appeal.

(2.) PROSECUTION case in short is that P.W. 4, Maheswar Tandi had got four sons namely, Gandharba Tandi (appellant), Suta Tandi (Deceased), Trilochan Tandi (P.W. 3) and Trinath Tandi. Trinath Tandi was residing at Raipur leaving his wife and only child in the village. Wife of the appellant who was acquitted by the Trial Court and wife of Trinath Tandi are sisters. On 18.7.1993 some unknown person went inside the room of wife of Trinath Tandi in absence of Trinath and having seen it Trilochan Tandi (P.W. 3) and the deceased Suta Tandi objected to such conduct of wife of Trinath. Next day morning wife of Trinath Tandi (Raj Kumari) went to her parent's house leaving her son. On 18.7.93 at about 8.30 P.M., Sana wife of the appellant, and wife of Trinath Tandi picked up quarrel with the mother -in -law questioning as to why wife of Trinath (Raj kumari) was driven out from the house. During such quarrel, Maheswar, father of the appellant and the deceased, also came and objected. At the relevant time, the appellant returned home and at the instigation of his wife brought out an iron spear and assaulted on the head of his father causing bleeding injury. Seeing the assault on the father deceased Suta Tandi came out from the house and objected, where after the appellant pierced the spear on the chest of Suta Tandi which resulted in his death. When the informant (P.W. 3) came near the appellant to snatch the spear the appellant and his wife caught hold of his neck and made him to be on the ground. Thereafter father of the appellant Maheswar Tandi snatched away the spear and went towards police station. P.W. 3 also went to police station and gave an oral report which was reduced to writing by the O.I.C. (P.W. 9). Upon investigation, prima facie case is being found, charge sheet was submitted against the appellant and his wife Sana Dei for having committed the offence under Section 302/34 of Penal Code for causing death of Suta Tandi and were further charged under Section 307/34 of Penal Code for attempting to commit murder of P.W. 3 and P.W. 4.

(3.) IN order to bring home the charges the prosecution examined ten witnesses. On consideration of the evidence on record the learned sessions Judge held that the prosecution failed to establish charges against the wife of the appellant and accordingly acquitted her of the charges. However the learned Sessions Judge held that the prosecution has been able to bring home charges under Section 302 of the Penal Code so far as the appellant is concerned for commission of murder of his brother Suta Tandi. Learned Sessions Judge further held that charge under Section 307 of Penal Code was not proved against the appellant, but convicted him under Section 323 of Penal Code for causing hurt to his father Maheswar Tandi by means of spear.