BASANTA KUMAR SASANI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Appellant has preferred this appeal against the judgment and order passed by the learned Addl. Sessions Judge, Jeypore convicting him under Sec. 302, IPC and sentencing him to undergo R.I. for life and also under Sec. 324. IPC sentencing him to undergo R.I. for two years.

(2.) The case of the prosecution is that P.W.1 is the Headmaster of Ex -Board U.P. School, Bandhugaon where the Appellant was working as an Assistant teacher. P.W.6 is a teacher of Kapalada School and the deceased Dandasi Rachmalla was a teacher of Hatigada Primary School. All of them had arranged a closing year feast in the night of 31.12 1992 at Bandhugaon Ex -board U.P. School hostel. P.W.3 who is the informant was working as a hostel cook and he was engaged to cook food in the night of occurrence. The further case of the prosecution is that the Appellant changed his mind and did not come to the hostel from his quarter inspite of request made by the deceased and other teachers. Since the Appellant did not turn up other teachers including the deceased came back to the hostel and set on the verandah of the hostel along with P.Ws. 5 and 7 who had been invited to the feast. At about 10 P.M. the Appellant came to the place with an iron angle and suddenly assaulted P.Ws.1 and 6. Due to such assault, both the witnesses sustained injuries. Immediately thereafter the Appellant dealt blows with the said iron angle on the head and face of the deceased as a result of which the deceased fell down the became unconscious. He was immediately removed to Bandhugaon Hospital and thereafter to parvatipuram Hospital. Soon after arrival in Parvatipuram Hospital, the deceased was declared dated P.W.3 who had been engaged to cook arid witnessed the occurrence reported the matter at Bandhugaon Out post and presented a written report (Ext.1). The said report was entered into S.D.E. No. 1 dated 1.1.1992 and the same was sent to Narayanpatna P.S for registration of the case. Since the report revealed commission of offence under Sec. 307. IPC requisition for medical examination of the injured was issued and investigation was taken up. The postmortem examination of the deceased was conducted at Parvatipuram Hospital. On completion of investigation charge sheet was submitted against the Appellant for commission of offence under Sec. 302. IPC for causing death of the deceased as well as under Sec. 307, IPC for attempting to commit murder of P.Ws.1 and 6.

(3.) The Appellant denied the prosecution allegations altogether and pleaded that he had been falsely implicated in the case.