DURJODHAN DHANGER Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Appellant in this appeal has assailed the order dated 22.01.1994 passed by the learned Additional Sessions Judge, Sambalpur in S.T. Case No. 65/43 of 1993. whereby he has been convicted under Section 302, IPC for committing the murder of Ashok Padhi and sentenced to undergo imprisonment for life.

(2.) THE short history of the prosecution case is that Appellant Durjodhan Dhangar is the brother of the female accused Dileswari Dhangar (since acquitted). The other accused Nabin Nayak is a friend of the Appellant. The house of accused Dileswari (since acquitted) is situated at Panchagochhia in Deogarh town by the side of National Highway No. 6. Deceased Ashok Padhi was a contractor. In the night of occurrence i.e. between 09/10.10.1992, the deceased along with P.W.3 had been to the house of accused Dileswari (since acquitted) on a motor -cycle to arrange labourers. When he called her, the Appellant came from the back side being armed with a Sal lathi (merha). Accused Nabin also came with a bamboo lathi. Both of them (the Appellant, and accused Nabin) dealt indiscriminate blows on the head and other parts of the body of the deceased, as a result of which he sustained severe injuries and fell down. The accused persons took away the motor -cycle of the deceased. The dead body was removed from the scene of occurrence and was allegedly thrown near a bridge on National Highway No. 6.

(3.) THE defence took plea was one of complete denial of the occurrence. Accused Dileswari (since -acquitted) was examined as a defence witness. She has stated that the death of Ashok was caused on account of running over of a vehicle on his person.