BALI GOLARI AND ANOTHER Vs. STATE OF ORISSA

JUDGEMENT

(1.) This jail criminal appeal is directed against the judgment dated 02.08.2000 passed by the Additional Sessions Judge, Malkangiri in Sessions Case No.116 of 1999 (S.C.22/99 of Sessions Judge, Koraput-Jeypore) whereby both the appellants (Bali Golari and Saheb Golari) have been convicted under section 302/34, IPC for committing murder of the deceased Dasiri Khillo and appellant no.2 Saheb Golari has been further convicted under section 325, IPC for causing hurt to the informant Basana Khilla.

(2.) The case of the prosecution is that on 20.09.1998 at about 8.00 PM the informant Basana Khilla, his brother Dasiri Khillo (deceased) and both the appellants returned from the market. After reaching the village, appellant no.1-Bali Golari told the informant that he is not doing any work and living on theft. When the informant protested the remark made by appellant no.1-Bali Golari, his son appellant no.2-Saheb Golari being armed with a lathi came and dealt a blow to the informant aiming at his head. As the informant changed his position, the blow hit on his right hand, as a result of which his right hand was broken. When appellant no.2 gave further blow on the shoulder of the informant, he raised hullah. Hearing the hullah of the informant, his deceased brother (Dasiri Khillo) came to the spot to save him. Seeing the deceased, appellant no.2 assaulted him on his right hand, chest and back. At that time, appellant no.1 brought an axe from his house and gave a blow on the head of the deceased, as a result of which the deceased succumbed to the injury at the spot. The said incident was witnessed by Damu Golari(P.W.3), Jagannath Khilla (P.W.2) and Sani Khilla (P.W.4). On the next day, i.e., 21.09.1998 at about 4.30 PM the informant Basana Khilla lodged the written report (Ext.12) at Govindapalli Outpost before the A.S.I. of police (P.W.12). On receipt of the report, the A.S.I. of police (P.W.12) made an entry in the station diary, took up investigation and sent the report to O.I.C. Mathili Police Station for registration of the case. The O.I.C. (P.W.13) registered the case and after completion of the investigation, filed charge sheet against the appellants under Sections 302/325/34 I.P.C.

(3.) The plea of the appellants is one of the complete denial.