DWARIKA PAHARIA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against an order dated 13.4.1994 in S.C. No. 46 of 1992 passed by the learned Sessions Judge, Kalahandi-Nuapada at Bhawainpatna convicting the appellant under Section 302 I.P.C. and sentencing him to undergo R.I. for life.

(2.) The prosecution case, in brief, is that on 30.6.1992 at about 9 P.M. the accused and the deceased and his son were going on the village road and both the accused and the deceased who were under the influence of liquor were also carrying a bottle of liquor. On the way deceased Randhia gave proposal to the accused to enjoy his stepmother for which there was altercation and exchange of hot words and in front of the house of Hatiarin Bai in the same village, the accused assaulted the deceased by means of a lathi locally called 'Sihana thenga', as a result of which the deceased fell down sustaining bleeding injury. The accused also dealt another blow on the head of the deceased resulting in his death The aforesaid occurrence was witnessed by P.W. 5 Hatiarin Bai and P.W. 7 Machin Bai, who were taking dinner on their respective veranda. Seeing the occurrence P.W. 5 called her husband Phulsing Paharia, who came out and saw the deceased lying on the ground but the accused fled away from the spot. In the same night, the accused surrendered before the Dharambandha Out-Post at about 9.30 P.M. with the Sihana thenga and told that he assaulted Randhia Paharia by means of the said Sihana then in front of the house of Anchar Sai but could not tell if Randhia Paharia was alive or dead. P.W. 10, A.S.I. of Police seized the lathi (M.O.I) under the seizure list Ext. 3 is presence of witnesses, made station diary entry, detained the accused at the Out-Post, proceeded to the spot and examined the witnesses and after investigation submitted charge-sheet against the accused under Section 302 I.P.C.

(3.) The defence plea was one of denial.