TAPA HO @ LAGURI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS Jail Criminal Appeal is directed against the judgment and order of conviction dated 31.01.2000 passed by the learned Sessions Judge, Mayurbhanj, Baripada in S.T. Case No.74 of 1997 by which the learned Sessions Judge convicted the present appellant (Tapa Ho @ Laguri) and sentenced him to undergo imprisonment for life for commission of offence under Section 302 I.P.C. and one year for commission of offence under Section 307 I.P.C and acquitted the co -accused (Budhuni Ho @ Laguri) of the charge under Section 307 I.P.C.

(2.) THE case of the prosecution is that on 21.10.96, when the informant (P.W.1) did not find his missing cocks, he asked the appellant at about 7:00 PM of the very same day, suspecting that the appellant had eaten away his cocks. At this, the appellant came out from his house and assaulted him by means of a stick. Hearing hullah, his elder brother -Kalhei Ho @ Laguri (deceased) came and intervened. At that time, the appellant brought a Bhala from his house and assaulted the deceased with that Bhala. The deceased sustained bleeding injury and fell down at the spot and died. The accused assaulted the informant also. P.W.1 lodged the FIR (Ext.16) and on receipt of the same, police registered the case, investigated into the matter and on completion of the investigation, filed charge -sheet against both the accused persons.

(3.) THE plea of the appellant is that on the date of occurrence at about 7:00 PM, the informant, being armed with Thenga and deceased being armed with Bhala, came to his house and said that he had eaten away his cocks. When he denied, they assaulted him. To save his life, the appellant snatched away the Bhala from the deceased and brandished the same and the same might have hit the deceased. He has further pleaded that whatever he had done, he had done the same in his self -defence.