TUKUNA @ TANKADHAR SWAIN Vs. STATE OF ODISHA

JUDGEMENT

(1.) The present appeal is directed against a judgment dtd. 4/11/2010 passed by the learned 2nd Additional Sessions Judge, Cuttack in ST Case No.305 of 2009 convicting the Appellant for the offence punishable under Sec. 302 IPC and sentencing him to imprisonment for life together with fine of Rs.20,000.00 and in default of payment of fine, to suffer rigorous imprisonment (RI) for six months. Of the fine amount, it was directed that Rs.19,000.00 must be paid to the father of the deceased KeluPradhan (PW 1) for the death of his son AkashPradhan, who was aged about 8 years.

(2.) The case of the prosecution is that AkashPradhan (the deceased), who was 8 years old, was the only son of the informant (PW 1), a resident of village Bania. Four days prior to the incident, there was a hot exchange of words between the informant and the accused for which the Appellant had borne grudge against PW 1.

(3.) On 22/3/2009 at about 9am on the village road, Akash was playing along with other children. At that time, the Appellant called Akash to his house. In the house, he mixed poison in the rice powder (ChaulaBhuja) and fed Akash that adulterated food. After some time, the accused lifted Akash in his arms and left him on the Pindha, i.e.the courtyard of PW 1. On being asked by BelaPradhan (PW 3) the cousin of PW 1, Akash informed her that the Appellant had administered some poison with rice powder for which he felt pain in his body. Then the condition of Akash deteriorated. The village children then called PW 1 who was in the field at a distance. Before PW 1, Akash disclosed that the Appellant had forcibly fed him rice powder after mixing it with poison. PW 1 then took Akash along with PW 3 in a rickshaw to Kalapathar Hospital. The doctor there referred him to Bhubaneswar Hospital, but on the way Akash died.