SIBA KARAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 30.07.1996 passed by the learned Addl. Sessions Judge, Jaipur in S.T. Case No. 468/45 of 1994 convicting the appellants under Section 302 read with Section 34 I.P.C. and sentencing them to undergo imprisonment for life.

(2.) The prosecution case in brief is that on 18.06.1994 the bullock of one Baidhar entered in to the homestead of the informant (P.W. 1) and destroyed the straw of the roof of his house. The informant asked Baidhar to take care of his bullock, but the latter abused him. Appellant no. 1 -Siba, the son of Baidhar came with a Tangia (axe) and also abused him. Deceased Ananta wanted to pacify the appellant, but he dealt a blow with the blunt side of the Tangia on his head, as a result of which the deceased sustained injury. Appellant no. 2-Rabindra dealt a blow by a crowbar on his head whereas the other persons dealt blows by lathis on him. Other brothers of the informant and the wife of the deceased went there to rescue the deceased, but the appellants and others also assaulted them. The deceased was shifted to S.C.B. Medical College and Hospital, where he succumbed to the injuries on 19.06.1994. P.W. 1 lodged F.I.R. at Jenapur Out-post. The O.I.C. of the said Out-Post sent the same to the I.I.C., Dharmasala Police Station, who registered the case. Investigation was taken up and after its completion charge-sheet was filed against the present appellants and four others under Section 302 read with Section 34 I.P.C.

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