DAKTAR NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal has assailed the order of conviction and sentence Under Section 302/34, IPC directing the appellant to undergo imprisonment for life on the ground of commission of murder of Kalandi Naik.

(2.) THE prosecution story, in short, set out in the judgment is as follows : That the deceased Kalandi Naik was said to have purchased a piece of land from one Mahargi Naik. The said Mahargi Naik is the brother's wife of the accused Tankadhar Naik (since acquitted). The other accused are the sons of accused Tankadhar Naik. The sons of accused Tankadhar Naik cut and removed one Mahua tree from that purchased land of Kalandi Naik. Therefore, he raised protest, as a reason whereof, a village meeting was held in the afternoon of 26.4.90 for which there was quarrel between the deceased Kalandi and Tankadhar. Accused Tankadhar went to his house, which was situated nearer to the meeting place came along with his sons being armed with lathis and axe. He instigated his sons to commit the murder of deceased Kalandi. The appellant, Daktar Naik was alleged to have inflicted 2 axe blows on the head of the deceased which were turned to be fatal causing severe bleeding injuries. Then accused Binod and Rohit (since acquitted) dealt with lathi blows on Kalandi'. After Kalandi fell down on the ground, all the accused persons went away from the place of occurrence. The injured Kalandi was thereafter removed to Parjang Hospital in a bullock cart. Nandu Naik, a cousin brother of the injured lodged FIR at Parjang Police Station at 9.30 p.m. on the same day. Kalandi was under treatment, but notwithstanding such treatment, he could not survive and succumbed to the injuries. The case was initially registered under Sections 326/307/34 of the Indian Penal Code, but after death of Kalandi, the case was converted into a case punishable Under Section 302/34, IPC.

(3.) P .Ws. 1, 2 and 3 are said to be the eye -witnesses to the occurrence, whereas P.W.4 is said to be a witness who went to the spot immediately after the occurrence. P.Ws. 5 and 6 are said to be seizure witnesses. P.W.7 is the Medical Officer who treated the deceased immediately after he was admitted into the Hospital. P.W. 10 is the Doctor who conducted the autopsy on the dead body of Kalandi. P.Ws. 8 and 9 are the I.Os. in this case.