EKAMRA SA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment and order dated 28-2-2006 passed by the learned Addl. Sessions Judge, Jharsuguda in S. T. Case No. 120/5 of 2004 convicting the appellant under Section 302, I. P. C. and sentencing him to undergo imprisonment for life and to pay a fine of Rs. 5,000/-, in default to undergo R. I. for three months.

(2.) The case of prosecution is that on 17-2-2003 there was a quarrel between the accused persons (appellant and two others already acquitted) and the wife of the deceased over driving of a buffalo of the accused persons which was eating away the cattle feed inside his cowshed. Just after the quarrel, when the deceased had been to the backyard (Bari) of his house to attend the call of nature, accused Ekamra Sa, the present appellant. followed him with a spade and dealt a blow on his head. Hearing the cry of the de- ceased, his wife and daughter rushed to the backyard and saw the present appellant running away. The deceased was brought to the house of his younger brother (PW 2). The wife of the deceased, seeing severe bleeding injury on her husband's head, took him to the Rengali Police Station and lodged F. I. R. basing on which a case was registered under Sections 325, 323 & 307, I. P. C. on the same day. Seeing the condition of the injured, he was shifted to Jharsuguda Headquarters Hospital and from there to Burla Medical College & Hospital where while undergoing treatment he succumbed to the injuries. Thereafter, the case was turned to one under Section 302, I. P. C. and on completion of investigation charge sheet was submitted against the present appellant and two others under Sections 302/114, I. P. C.

(3.) The plea of the accused persons was of complete denial of the allegations.