SIPAI HEMRAM @ SEPOY HEMBRAM Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant, who is undergoing life imprisonment on being convicted under Section 302, IPC by the learned Addl. Sessions Judge, Rourkela in Sessions Trial No. 228/45 of 1993 has preferred this Jail Criminal Appeal.

(2.) The criminal action was set in motion on the basis of an F.I.R. filed by P.W.1, Chamaru Birua on 12.7.1993 before Tangar Palli Police Station in the district of Sundargarh, inter alia, alleging that he was a permanent resident of village Dungura Basa. He was working as a labourer under a contractor in the Department of Raw Materials of Rourkela Steel Plant. His wife, Srimati, two sons and his father-in-law Budha Renga Baipari alias Dansu also stayed with him. On 11.7.1993 at about 11.00 A.M. he had been to Baligudi to meet his son-in-law. He returned from there to his house at about 2.30 P.M. After his return his wife informed him that Sipai Hemram (appellant) assaulted her father (the deceased) by means of a spring chain, gave blows on his back and chest and also dragged him. Further while assaulting the dragging the deceased, the appellant was shouting that the deceased asked his (appellant) daughter, aged about 5 years to hold his pennis and on coming to know about such mischief, the appellant so assaulted the old man in front of the house of Gunia Munda, the headman of the locality and one Gentia Munda (P.W.3). When the wife of the informant and others present there requested the appellant not to assault the old man, the appellant threatened to assault them also. As a result of above assault, the deceased became unconscious and fell down on the ground. Thereafter the appellant took the deceased to a doctor in a tempo (auto rickshaw). At about 8.00 P.M. he returned with the deceased and left him where he was assaulting him. When the informant went to the place and called him, he did not respond. The appellant assured the informant that he would look after his father-in-law throughout the night. But at about 4.00 A.M. he died. After enquiry, the police submitted charge-sheet against the appellant for commission of offence under Section 302, IPC. The appellant faced trial in the Court of learned Addl. Sessions Judge, Rourkela.

(3.) The plea of the defence was one of complete denial.