STATE OF ODISHA Vs. RAMA CHANDRA HANSDA

JUDGEMENT

(1.) This appeal has been filed by the State of Odisha challenging the judgment dtd. 09.12.1998 passed by the learned Sessions Judge, Mayurbhanj, Baripada in S.T. Case No. 59 of 1997 acquitting the respondent from the charges under Section 302 of IPC. The case of the prosecution is that 12.10.1996 at about 4.00 P.M. there was altercation of words between the deceased Lopsa Soren and the respondent-Rama Chandra Hansda in connection with cutting of Canal water. The accused assaulted the deceased by means of a lathi in the house of the deceased and due to such assault the deceased sustained severe bleeding injuries on his head. The informant, son of the deceased on his return to house in the evening came to know about the incident from his mother and uncle that the accused assaulted the deceased in connection with cutting of Canal water. At about mid night the deceased lost his sense as no doctor was available for his treatment. He was admitted to Udala Hospital for treatment in the morning and succumbed to the injuries at about 8.00 P.M. of 14.10.1996. The informant lodged the FIR Ext. 1 which was registered as Udala P.S. Case No. 85 of 1996 under Section 302 of IPC and the investigation commenced. On completion of the investigation, the Investigation Officer-P.W. submitted the charge sheet and the accused faced trial.

(2.) The prosecution in support of its case examined as many as nine witnesses and exhibited several documents which were marked as Exts. 1 to 15. Out of the witnesses examined by the prosecution, P.W. 1 is the informant, the son of the deceased. P.Ws. 2, 3 and 4 are the wife, daughter and brother of the deceased respectively. P.W. 3 is a co-villager of the accused, before whom the accused made disclosure statement to the police and gave recovery of the weapon of offence. P.W. 6 is also a co-villager before whom the accused said to have made the extra judicial confession. P.W. 7 is a seizure witness. P.W. 9 is the doctor and P.W. 8 is the Investigating Officer:

(3.) The accused taken the plea of denial and stated that the deceased has taken 'Handia' and in state of intoxication he picked up quarrel with him. In course of quarrel the deceased assaulted him by means of a stick causing bleeding injuries on the head of the accused. To save himself the accused caught hold of the stick of the deceased, which was followed by a souffle between the deceased and accused. The deceased fell down near the fence and he left for Kushalda Hospital where he was treated for the head injuries and he was arrested on 15.10.1996. In support of the defence plea the accused has examined two witnesses out of whom D.W. 1 is the Doctor, who had treated the accused on police requisition for the head injuries filed the injury report, which was marked as Ext. A.