RAMANATH NAIK Vs. STATE

JUDGEMENT

(1.) In this appeal the convic tion under Section 302, of the Indian Penal Code, 1860 (in short, the 'I.P.C.') and sentence of imprison ment for life as awarded by the learned Second Additional Sessions Judge, Berhampur has been questioned. The three appellants (hereinafter de scribed as the 'accused') faced trial being charged for commission of offence punishable under Section 302/34 I. P.C.

(2.) The background facts as depicted by the prosecution are to the following effect : On 14-1-1985 at about 8.00 A. M. Basu Naik (hereinafter described as the 'deceased') had been to a place called Dandamari Salapa Bosa near village Koihuru along with the accused persons to take 'Salapa,' a locally manufactured intoxicant. At that place, accused Ramanath demanded his dues from the deceased in respect of certain arrears. The de ceased told him that since he had no money then, he would pay later. There was exchange of some hot words between the deceased and accused Ramanath and the latter asked the other accused persons to assault the deceased. Accused Rangeta caught hold of the hair of the deceased and dealt a slap to his cheek and fist blows to his left eye and accused Ramanath dealt a blow to the head of the deceased by means of a lathi, as a result of which, the deceased fell down on the ground. All the three accused persons assaulted the deceased on several parts of his body as a result of which the deceased sustained severe injuries and struggled for life, the accused persons left the place after the assaults. Though water was given, it did not enter inside mouth of the deceased and he died at the spot. Accused Ramanath thereafter came to village Dengasarangi and stated before the daughter of the deceased and others that the deceased has lost his life due to an accident, when he stumbled down on a stone. The daughter of the deceased Kumari, his son Shymon, the infor mant Bhaskar Naik, John Naik and others went to the spot and found the deceased lying with several injuries on his person. They suspected a foul play. While the daughter and son remained there to watch the dead body, others went to the village Koihuru and they found in the village none except an old man namely Drena Mallik (PW. 1). They could ascertain from him that accused Rangeta and others had assaulted the deceased. Thereafter they came to the spot again and could locate three lathis lying nearby. Under supsicion that they were the weapons of offence because of blood stains thereon, the lathis were ratained. The informant and others went to the Mohana police station and lodged a written report. Investigation was undertaken and after completion thereof, charge-sheet was submitted against the accused persons.

(3.) To further its case, prosecution examined eleven witnesses including the medical officer and the Investigating Officer. P.W. 1 is Drena Mallik who is the father of accused Kali Mallik. He deposed in Court that the deceased lost his life when he fell down on a stone by dashing against a tree stump. The prosecution mainly relied on the evidence of P.W. 9 who is stated to be an occurrence witness. This witness stated that he had seen the accused persons assaulting the deceased with lathis causing bleeding injuries. The learned trial Judge held that the pros ecution has linked the accused persons with the guilt, with reference to the evidence of Niju Mallik (P.W. 9) and that of Drena Mallik (P.W. 1), Absence of the accused persons from the village after the occurrence was also considered to be material. Accordingly the accused persons were held guilty, convicted and sentenced as aforesaid.