ARJUNA JANI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal has been filed challenging the judgment and order dated 15.11.1997 passed by the learned Additional Sessions Judge, Jeypore in Sessions Case No. 55 of 1995 convicting the appellant under Section 304, Part-II, IPC and sentencing him to undergo R.I. for a period of seven years.

(2.) The prosecution case, in brief, is that about four years prior to the date of the occurrence marriage of the daughter of the accused-appellant was solemnized with the brother of the informant. Two months prior to the occurrence, the daughter of the appellant came to her father's house, but did not return to her matrimonial home. Later she was given in marriage to one Nilambar Jani. The informant demanded 'Jhola money' which he had given at the time of marriage of his brother. On the1 date of occurrence, the informant and others went to the village of the accused-appellant to take back the same. It is alleged that the appellant and others came there and assaulted the prosecution party and as a consequence, the deceased along with others sustained injuries. Two days thereafter, the deceased succumbed to the injuries.

(3.) The plea of the defence was one of complete denial. It was further pleaded that the members of the prosecution party were the aggressors who assaulted them first for which a separate case was also initiated.