RAMA KRISHNA SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS jail criminal appeal directed against the judgment and order of conviction dated 3.9.2003 passed by the learned Additional Sessions Judge, Bhanjanagar in S.C. No. 20 of 2002/S.C. No. 22 of 2002 - G.D.C. for commission of an offence under section 302, I.P.C. and sentencing him to undergo imprisonment for life.

(2.) THE prosecution case in brief is that on 22.6.2001 afternoon the deceased closed a portion of the 'Khalabari' on its northern side by means of thorny Bamboo twigs (BAUNSA KANTA) as the same was lying open. As the said "BAUNSA KANTA" was uprooted by accused Jamuna Sahu, the mother of the deceased when protested a quarrel ensued in between her and accused -Jamuna Sahu. It is alleged that on the next day around 9.30 a.m. the deceased came for ploughing his "Khalabadi" to grow some vegetable plants and while arranging to plough the same, the appellant and his son Kanhu Sahu came and challenged as to why he had closed the gate of the said "Khalabari" by encroaching their "Bari". The appellant directed his wife to bring the 'Pharsa - Tangia' and accordingly his wife Jamuna handed over the 'Pharsa -Tangia' to him. The appellant gave a blow with that 'Pharsa - Tangia' on the head of the deceased causing bleeding injury as a result of which he fell down on the ground. Thereafter the appellant gave another 'Pharsa -Tangia' blow on the neck of the deceased as a result he died at the spot. The prosecution further alleges that when the appellant attacked the deceased, Kanhu and Jamuna were instigating the appellant to finish him. On the basis of the oral report police registered the case and investigated into the matter. During investigation the Investigating Officer visited the spot, examined the witnesses, sent the dead body for post -mortem examination, arrested the accused, recorded his disclosure statement and seized the "Pharsa Tangia" from the house of the appellant. On completion of investigation chargesheet was placed against the appellant and two others to stand the trial under section 302/34, I.P.C.

(3.) THE plea of the appellant is complete denial of the prosecution case. He further pleaded that his 'Khalabari' was closed by the deceased and on his protest the deceased gave a 'Tangia - Pharsa blow to him, but he caught hold the tangia and brandished the same, during which the deceased might have sustained the injuries. Hence, he left the tangia at that spot and returned to his house. His son accused KanhL. Sahu took the plea of alibi and wife Jamuna speaks that a false case has been foisted against her.