STATE OF ORISSA Vs. PITABAS NAIK

JUDGEMENT

(1.) THE respondents have been acquitted of the charges under Section 302/140 I.P.C. for committing murder of one Benia Domb of village Garuda Gachha on 5.2.1977 at about 7 P.M.

(2.) THE prosecution case is that the deceased was rendering service as watchman in the neighbouring villages including Dindaraja. On 5.2.1977 at about 7 P.M. the deceased and the respondents gathered at the front pinda of respondent Pitabas and started discussing questions relating to disposal of hides of six buffaloes after the local festival. The deceased stated that he would take the hide on payment of Rs. 5/ - whereas the respondents demanded Rs. 10/ -. At that time the deceased as well as respondents were taking liquor. Suddenly a quarrel arose. The respondents, it is alleged, gave slaps, fist blows and kicks on the deceased. The deceased became unconscious. He was thereafter carried to a place called Nisanimunda Jholla and was placed on the side of the road. On the following morning, as the deceased did not return home, his brother P.W. 1 went in search of the deceased and found the deceased lying by the road side. The deceased was able to talk and told P.W. 1 that five of the respondents assaulted him on the previous night on account of quarrel relating to disposal of a piece of hide. The deceased was carried to his house. In the afternoon he died, P.W. 1 lodged F.I.R. in the Police Station. After investigation, chargesheet was submitted against the respondents. The plea of the respondents is of denial.

(3.) WE are in agreement with the finding of the trial court that the deceased died of the injuries sustained by him on his abdomen and at his neck and the injuries were also antemortem in nature. We also agree with the reasonings given by the trial court for disbelieving the sole eye -witness P.W. 6. This witness is now working as a labourer of P.Ws. 1 and 2 and is admittedly on inimical terms with the respondents. This witness also did not state before the Investigating Officer to have seen the occurrence.