BADASHIBA MAJHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Badashiba Majhi faced trial in the Court of the learned Sessions Judge, Kalahandi, Bhawanipatna in Criminal Trial No.33 of 2014 (Sessions) for offence punishable under sec. 302 of the Indian Penal Code on the accusation that on 1/1/2014 at about 5.30 p.m., he committed murder of Manasingh Majhi (hereafter 'the deceased') by dealing lathi blows on his head and back in front of the house of the informant Beshu Majhi (P.W.1) under Thuamul-Rampur police station.

(2.) The prosecution case, as per the F.I.R, in short, is that on 1/1/2014 at about 5.30 p.m. the appellant Badashiba Majhi was quarreling with the wife of the informant Benu Majhi (P.W.1). Since the wife of the appellant had left him and she was staying at her father's place, the appellant was insisting the wife of the informant to bring back his wife. At that point of time, the deceased Mansingh Majhi, who was aged about fifteen years and son of the informant returned home after grazing the cattle and he challenged the appellant as to why he was quarreling with his mother. At this stage, the appellant being enraged assaulted on the head and back of the deceased with a lathi by giving three to four blows for which the deceased sustained bleeding injuries over the head. On 3/1/2014 while the deceased was being shifted to the hospital in a boat, on the way, he expired. It is further stated in the first information report that P.W.2 Bhakta Majhi, P.W.3 Sukru Majhi and P.W.5 Rengtu Majhi are the eye witnesses to the occurrence and P.W.4 Ravana Naik came to the spot and seeing the deceased lying on the ground, took him to the house of the informant. After the death of the deceased, the F.I.R. was presented on 3/1/2014 at 11.00 p.m. and the Officer-in-Charge of Th. Rampur police station registered P.S. Case No.1 dtd. 3/1/2014 under sec. 302 of the Indian Penal Code.

(3.) After submission of charge sheet, the case was committed to the Court of Session where the leaned trial Court framed the charge under sec. 302 of the Indian Penal Code against the appellant to which the appellant pleaded not guilty and claimed to be tried and accordingly, the sessions trial procedure was resorted to prosecute him and establish his guilt.