STATE OF ORISSA Vs. BUDRA ALIAS TOLU GOLPEDA

JUDGEMENT

(1.) THIS is an appeal by the State against an order dated 15 -12 1961 passed by Sri G. Mohapatra, Sessions Judge, Koraput -Jeypore, acquitting the accused -Respondent of an offence under Section 302, Indian Penal Code in Sessions Case No. 6 of 1961.

(2.) ON 16 -11 -1960 at about midnight, a village dance called 'Dhansa Dance' was going on with the help of musical instruments such as drums and pipes wherein the accused Budra Golpeda and the deceased Muni Khilla along with some of the prosecution witnesses took part. When the dance was going on in full swing the deceased wanted the piper to change the tune at which the accused got annoyed for stopping the dance and there was some altercation between the two during which the deceased pulled out some hairs from his pubic region and thrust the same on the face of the accused. Thereupon the accused gave a slap on the deceased protesting against his misbehavior and the deceased brought out one half -burnt bamboo stick (M.O. II) from the fireplace near the piper and dealt some blows on the accused. In the scuffle that ensued the accused brought out a pen knife and gave two blows on the body of the deceased as a result of which he fell down and expired on 18 -10 -1960. First information was lodged before the police by P.W. 4 the younger brother of the deceased on 18 -11 -1960 and after due investigation and commitment, the accused stood his trial in the Court of Sessions and was acquitted by the learned Sessions Judge. It is against this order of acquittal, this appeal has been preferred by the State.

(3.) THE evidence of the prosecution may be classified into three categories: (1) The eye -witnesses to the occurrence: (2) The witnesses before whom dying declaration was made by the deceased; and (3) The witnesses before whom extra -judicial confession was made by the accused.