PRAMOD PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellants, who have been convicted for the offence under Section 304 Part -l/34 of the IPC by the learned Add. Sessions Judge, Boudh in his judgment dated 20.06.2007, have assailed their conviction.

(2.) THE informant, who happens to be the father of the deceased, P.W. 2, lodged an F.I.R. to the effect that on 17.04.2006, his youngest son Basista Pradhan (deceased) had been to their field locally known as "Barakana Kheta" for earth work. At about 1 P.M. when the informant returned after grazing his goats, his daughter -in -law intimated him that Basista was dealt with cut injuries at Barakana Kheta and his wife has gone in search of him. The informant went to Barakhana Kheta and found none there and on return to house his wife intimated about the sustaining of cut injuries on their son Basista caused by his relations. On enquiry, the informant learnt that at about 11 A.M., Pramod Pradhan and Bisikesan Pradhan, the appellants, sons of his younger and elder brother respectively attacked his son Basista. First Buthi alias Bisikesan dealt blows with axe, for which his son Basista sustained injuries on his right shoulder and out of fear as he ran to the house of Ajamila Mahakud, both the accused persons chased him and again dealt cut blows at the house of Ajamila in spite of protests of Gurubari, wife of Ajamila, as a result the deceased was drenched with blood and accused fled away with their axes.

(3.) ON being asked by the informant, his son the deceased said that Buthi and Pramod dealt blows with an axes causing cut injuries. On the basis of said report, Police registered the case under Sections 341, 326 and 324/34 of the I.P.C. and took up investigation. As the deceased succumbed to the injuries, police converted the case to a case under Section 302/34 of the I.P.C. After completion of investigation, the Investigating Officer submitted charge -sheet. Thereafter, the appellants faced trial for the offence under Section 302/34 of the I.P.C.