BHASKAR NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this appeal the appellant Bhaskar Naik has challenged the judgment dated 24.9.1994 passed by the learned Sessions Judge, Dhenkanal-Angul in S.T. Case No. 3/D of 1991 convicting the appellant under Section 302 I.P.C. and sentencing him thereunder to undergo R.1. for life.

(2.) Prosecution case in brief is that on 16.8.1990 at about 1 P.M., P.W. 4 Debahari Naik came to the Chendipara Police Station being accompanied by his injured brother Gurubaria Naik (since deceased) and P.W. 3 Thengu Naik and lodged an oral complaint that they were four brothers. The appellant Bhaskar Naik was his co-villager and he was staying with his adoptive mother, D.W. 1 Ura Naik since preceding two years. On that very day in the morning his younger brother P.W. 3 Thengu took the cows outside for grazing and his sister P.W. 5 Chata and one Jasoda being the sister of the appellant were working in the field of one Nityananda Majhi. P.W. 4 was also working in the field of Parsu Majhi and the deceased was in his house. Around noon time his sister P.W. 5, Chata and Jasoda being the sister of the appellant had quarrelled with each other and in the midst of quarrel, D.W. 1 Ura being the adoptive mother of the appellant went there and assaulted P.W. 5. P.W. 4 after attending the call of nature, when he returned home, P.W. 5, Chata narrated the aforesaid incident before him. On hearing this incident, P.W. 4 along with P.W. 3 Thengu, P.W. 5 Chata and others had been to the house of the appellant for a settlement. Bhaskar and Ura were present in the house at that time. When deceased asked D.W. 1 about the incident, she assaulted P.W. 5 with a stick and closed the gate of her house. After that around 1 P.M. appellant picked up a quarrel with the deceased Gurubaria and threatened to kill him. Saying this, the appellant picked up an axe from inside his house and gave a blow with it on the head of the deceased. On receiving such blow, the deceased fell down. P.W. 6, Pathani Naik, P.W. 5, Chata Naik, Lokanatha Naik, Raghu Naik and others witnessed the said occurrence. So, he brought the deceased in injured condition in a bullock cart to the police station. The aforesaid oral complaint was reduced into writing by the Officer-in-charge of the said police station and on that basis an F.I.R. under Section 307 I.P.C. was registered against the appellant. Subsequently, on 23.8.1990, the deceased succumbed to the injuries in the hospital and, accordingly, Section 302 I.P.C. was added to this case. On conclusion of investigation, charge sheet under Section 302 I.P.C. was filed by the police against the appellant. In course of time, the case was committed to the learned trial Court.

(3.) On perusal of the materials on record, charge under Section 302 I.P.C. was framed against the appellant to which he pleaded not guilty. In course of trial, in this case, in all eleven P.Ws including some eye witnesses were examined on behalf of the prosecution. Two D.Ws. were examined on behalf of the appellant. The defence of the appellant was that the main incident was preceded by some small incident between the adoptive mother of the appellant and P.W. 5 Chata Naik. Later on, the deceased along with his brothers and others raided the house of the appellant being armed with various deadly weapons and set fire to his house. Subsequently, some mutual fight took place. However, defence did not adduce any evidence nor gave any suggestion as to who had assaulted the deceased. On conclusion of the trial, the appellant was convicted and sentenced as already stated.