PASINDER ALIAS PASINDRA SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is against the judgment date 23/4/1985 of the learned Sessions Judge, Sundargarh wherein the learned Sessions Judge found the appellant guilty for the offence punishable under section 304 Part II, of the Indian Penal Code and. convicted and sentenced him to undergo R.I. for five years.

(2.) The facts of the case in brief is that the occurrence took place on 21/5/1983 in front of the house of Ghana Sahu (P.W.8) sometime during the late evening hours. It was alleged that P.W. 8 and the appellantTs family were in litigating terms since about three months prior to the occurrence on account of the land dispute. On the date of occurrence, the appellant along with his brothers came and threatened P.W.8 and his second son Hajari to kill them. The deceased being the grand son of Ghana Sahu (Son of P.W.7, the informant), apprehending that his maternal grandfather was assaulted, rushed towards the house of P.W. 8 but in front of the latters house the appellant pierced a Barchha into the abdomen of the deceased as a result of which his intestine came out. The deceased Budhu somehow or other managed to go inside the house of Chana (P.W. 8) where P.W.3 wrapped a napkin around the abdomen of Budhu (deceased). Thereafter the villagers came before whom the deceased gave out the name of the accused as his assailant and further stated to have been assaulted by a Barchha. Subsequently he was taken to the police station and thereafter to the hospital where he died on the following day at about 7.45 P.M.

(3.) In the 313, Cr. P.C. statement the appellant denied the occurrence. He further pleaded that on account of litigation with Ghana Sahu and his family, the case was falsely foisted against him.