KISHORE CHANDRA SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 31.5.1997 of the learned Sessions Judge. Dhenkanal in S.T. Case No. 200 of 1993 by which the appellant Kishore Chandra Sahu has been convicted under Section 302. I.P.C. and appellant Gopal Sahu has been convicted under Section 109.. I.P.C. read with Section 302 I.P.C. Each of them has been sentenced to undergo imprisonment for life.

(2.) The case of the prosecution is that on 9.4. 1993 at about noon appellant Kishore and P.W.5 quarrelled with each other in the village Tank of San Dagadari. The appellant Kishore while coming away after taking bath threatened P.W.5 with dire consequences. Some time thereafter both the appellants were found standing on the village road with a view to assault P.W.5. Hearing the shout aiming at P.W.5 deceased Brundaban and his elder file ://D :\Prograrn Files\Crirnes\database\aa\aa\2003 (2) Crimes 324 .htm 8/5/2006 brother Balabhadra came rushing to the spot. Brundaban was trying to dissuade the appellants from creating any untoward incident and suggested to them that the dispute will be settled in the evening by convening a meeting. At this moment. appellant Gopal who was inimical to Brundaban instigated appellant Kishore to kill him (Brundaban). On being incited, appellant Kishore who was armed with an axe dealt a blow on the head of Brundaban as a result of which the latter fell down and succumbed to the injury.

(3.) The plea of the appellant was one of denial.