PURTI JHADIA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The convict is in an appeal against the judgment passed on 11/2/1993 by the learned Session Judge, Koraput at Jeypore in Sessions Case No. 86 of 1992 convicting the appellant for offence punishable U/S. 304-II of the Indian Penal Code, 1860 (in short the 8IPC9) and sentencing him to undergo Rigorous Imprisonment for three years with benefit of set off U/S. 428 of Cr.P.C. as against the substantive sentence. The learned trial Court by the aforesaid judgment, however, acquitted the co-accused Bhokoda @ Haldhar Jhadia and Ladi Jhadia.

(2.) The prosecution case in brief was on 23/1/1992 (Thursday) at about 4 P.M., one Linga Jhadia (hereinafter referred to as the 'deceased') while dancing in an inebriated condition in Pathar Devi Festival, pushed one Guramani, the sister of the accused Bhokoda @ Haldhar Jhadia and Ladi Jhadia, as a result she fell down and her head struck on a stone resulting in bleeding injury to her for which, the accused Ladi Jhadia slapped the deceased and thereafter, appellant Purti assaulted the deceased by Lathi, whereas co-accused persons assaulted the deceased by giving fist and kick blows. Due to assault, the deceased fell down on the ground sustaining bleeding injuries and he was carried to his house by his sons and others. The deceased, however, succumbed to injuries on Sunday.

(3.) On this incident, a Panchayati meeting was convened wherein the accused persons and appellant admitted to have killed the deceased. Accordingly, PW1 (Sitaram Jhadia) orally reported the matter to the O.I.C., Kashipur, who registered P.S. Case No.2 of 1992 and took up investigation, in the course of which, he examined the witnesses, seized the Lathi (MOI), got the autopsy done over the dead body of the deceased. On conclusion of investigation, PW7-O.I.C.(Kashipur), submitted a charge sheet against three accused persons including the appellant resulting in trial in the present case.