STATE OF ORISSA Vs. PRAHALIAD DEHURY

JUDGEMENT

(1.) This Government Appeal filed by the State challenges the conviction of the Respondent Prahallad Dehury under Sec. 304, Part I, IPC for committing an act with the intention of causing death or of causing such bodily injury as was likely to cause death to one Dutia Dehury and under Sec. 323, IPC for causing simple injury to P.W.4. According to the Appellant, the Respondent should have been convicted under Sec. 302. IPC instead of Sec. 304, Part I, IPC.

(2.) The prosecution story presented during trial is as follows:

(3.) The defence plea taken in the trial Court was one of denial of the occurrence. The Respondent and other accused persons also claimed to have been falsely implicated in the case. The trial Court on evaluation of the evidence while acquitting the other accused persons, however, convicted the Respondent under Sec. 304, Part I, IPC and under Sec. 323, IPC and sentenced him to undergo R.I. for five years and three months respectively. Since the Respondent was acquitted of the charges under Sec. 302, IPC, the State has filed this appeal challenging the said order. However, the acquittal of the other accused persons has not been assailed in this appeal.