JAGABANDHU JUANGA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The sole appellant-Jagabandhu Juanga called in question his conviction under Ss. 302 and 323 of the Indian Penal Code, 1860, hereinafter referred to as the 'Penal Code' for brevity, for committing murder of his elder brother on 13/12/2003 and causing simple hurt to Narad Juanga, by the learned Adhoc Addl. Sessions Judge (FT), Keonjhar in S.T. Case No.48/39 of 2004 (G.R. Case No.1007 of 2003, arising out of Telkoi P.S. Case No.97 of 2003). He has been sentenced to undergo rigorous imprisonment for life for the offence under Sec. 302 of the Penal Code and further sentenced to undergo rigorous imprisonment for six months for the offence under Sec. 323 of the Penal Code.

(2.) The case of the prosecution in short is that at about 9.30 a.m. on 13/12/2003, the appellant assaulted his brother Bhima Juanga by means of a wooden plank, "Sal Baton", on his head and hand. Due to such assault, the deceased fell losing his consciousness. Narad Juanga tried to intervene in the matter. The appellant further assaulted Narad Juanga by the said Baton and thereafter, fled from the spot. Narad Juanga noticed that blood was oozing out of the ear of the deceased. He had sustained injury due to such assault. He raised alarm. Then, he informed Sukadev Juanga, son of the deceased, who has lodged F.I.R. in the case. Thereafter, Sukadev Juanga (P.W.1) lodged an FIR, which was scribed by Prasanna Kumar Juanga before the OIC, Telkoi Police Station, who registered the criminal case and took up investigation.

(3.) The defence took the plea of complete denial and false implication by Narad Juanga because of some land dispute.