PARAMESWAR BAGART Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE order of conviction and sentence passed by the Additional Sessions Judge, Sambalpur, in S.T. Case No. 225/11 of 1993/94 under Section 302, I.P.C. has been assailed by the Appellant in this Jail Criminal Appeal.

(2.) PROSECUTION case in brief is as follows: The deceased Kulaplani was the nephew of the Appellant. On 17.6.1993 at 4.00 P.M. while the Appellant was engaged in repairing the fence of his threshing floor, the deceased went towards that side following which an altercation had ensued. The Appellant dealt three to four blows on the neck and head of the deceased consequent upon which he succumbed to those injuries.

(3.) IN order to bring home the charge to the accused, it appears that the prosecution examined 10 witnesses out of whom P. Ws. 1 to 3 was said to be eye witnesses to the incident. It is true that P. Ws. 1 and 2 were related to the deceased, but it should not be lost sight of the fact that the Appellant was also a close relation of the deceased as well as P. Ws. 1 and 2. Merely because P. Ws. 1 and 2 were close relations of the deceased that does not by it discredit their ocular evidence if it otherwise does inspire belief. P. Ws. 1 and 2 will not ever leave the culprit escape from the punishment inasmuch as they claimed to have seen the occurrence.