KANISTA BARIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) The impugned judgment dated 30-9-1993 passed by the learned Additional Sessions Judge, Bargarh in S.T. No. 144/6 of 1992-93 convicting the accused-Kanista Barik under S. 302, I.P.C. and sentencing him to imprisonment for life is under callenge in the present criminal appeal preferred from Jail.

(2.) Prosecution case is that Mahadev Khamari (hereinafter referred to as "the deceased") and Saileshnandan Chhuria (P.W. 2) have taken lease of a stone quarry locally known as Tamparsara situated at Daltangarhpara, hamlet of village Bhaludunguri where accused (appellant) including accused-Jhumuru and Ramesh who have absconded after the occurrence were engaged as labourers to cut stone from the quarry for which they were paid a sum of Rs. 18,000.00 towards the advance wages but the work done by them by the date of occurrence justified wages for Rs. 3000.00 only. Accused Thelu and absconders Jhumuru and Ramesh were residing in a temporary hut at Bhaludunguri near the quarry site whereas accused Kanista (appellant) and Chandrasekhar were residing at Gambharipali. On 4-4-1992 at about 9.30 p.m. the deceased accompanied by P.Ws. 1 and 2 had been to Bhaludunguri by a motor cycle to collect the balance amount which accused Thelu and absconders Jhumuru and Ramesh refused to return for which the quarrel among them ensued and at that juncture accused Kanista and Chandrasekhar who arrived at the spot joined hands with other accused persons and assaulted the deceased and P.W. 2 by means of a hammer and an iron rod. Accused Kanista dealt a fatal blow on the back of the head of the deceased by means of hammer (M.O. III) causing his death instantaneously. Bipin Pardia lodged FIR (Ext. 1) at Godhaga Police Out Post and set criminal law into motion by which Atabira Police investigated into the case and submitted charge-sheet against the accused persons.

(3.) The accused persons who pleaded innocence took a defence plea that they were working as labourers under Thakur Pradhan (another lessee of the stone quarry) and they have been falsely roped in the case as P.W. 2 is inimical to Thakur Pradhan.