SRIDHAR DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) The plea of right of private defence advanced by the accused having been accepted by the learned Sessions Judge, Balasore, the informant has filed this application for revision.

(2.) Background facts are that one Dasarathi lost his life due to murderous assault by opposite party No. 2 Saunta alias Ratnakar Das. The prosecution version was that the occurrence took place on 26-4-1987 at about 10 a.m. when Dasarathi was putting up a fence along with his father Sridhar (P.W. 1). The accused protested to such act, and did not allow the deceased to continue, and in the altercation that followed, no words were exchanged and suddenly the accused dealt a lathi blow on the head of the deceased, as a result of which he fell down, was taken to hospitals, and succumbed on the next day. The accused while accepting almost the entire prosecution version, added that the deceased and his father had assaulted him, as a result of which he sustained injuries and with a view to protect himself, in exercise of his right of private defence swung the lathi which unfortunately hit the deceased on the head and therefore, there was no culpability attracted.

(3.) The learned Sessions Judge accepted the plea of the accused.