LAXMAN GAGARAI Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this Jail Criminal Appeal, the appellant has challenged the judgment dated 22-12-2001 passed by the learned Additional Sessions Judge, Talcher in S.T. Case No. 38-A/46 of 1998/30 of 2000 convicting the appellant under Sections 302/ 324 of the I.P.C. and sentencing him to undergo imprisonment for life for the offence under Section 302 of the I.P.C. and rigorous imprisonment for one year for the offence under Section 324 of the I.P.C.

(2.) The prosecution case is that on 27-11-1997 at about 3.00 p.m. while the adult members of village-Chhanchunia were engaged in harvesting paddy in their fields, deceased-Sushila Champia, a child aged about nine years was playing with some other children on the land of one Kusha Champia, the accused-appellant came there with a tangi and indiscriminately assaulted Sushila with the same causing several injuries. Sushila fell down and succumbed to the injuries. The appellant also chased and assaulted the other children, namely, Rama Kala, Tuni Kala and Tunguri Kala and caused injuries to them. Being informed by some children about the occurrence, the informant-Benudhar Tiria came to the spot and found Sushila Champia lying dead with injuries on her body. He also found the other girls having sustained bleeding injuries on their person. The injured children also informed him about the occurrence. Thereafter, the informant intimated about the occurrence to the Ward Member-Dhoba Sahu and on his advice lodged F.I.R. at Khamar Police Station at 6.00 p.m. on the basis of which the case was registered. In course of investigation, the I.O. visited the spot, examined the witnesses and recorded their statements. He also arrested the accused, who had been detained by the villagers, and seized the weapon of offence (M.O.I.), which was recovered from the appellant along with a napkin. The I.O. also conducted inquest over the dead body of Sushila Champia and sent it for post-mortem examination. He issued requisition for medical examination of injured children and also seized some sample earth and blood stained earth from the spot. After completion of investigation, charge-sheet was submitted agianst the appellant.

(3.) The defence plea is one of completely denial of the prosecution case.