DEBANANDA BHOI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The present appeal has been directed against the judgment of conviction and order of sentence passed by the learned session Judge, Bolangir in Sessions Case No. 88 of 1990 convicting the appellant for offence under Section 304 (II), IPC and sentencing him to undergo rigorous imprisonment for two years with payment of fine of Rs. 1000/- in default to undergo simple imprisonment of three months.

(2.) Prosecution case in short is that on 30-6-1990 around 11.00 a.m. Sarkaru Bhoi had been to his land situated near canal, locally known as 'Khaliaduli' . It is stated that appellant had raised ridge over his land and in doing so, some earth had got staked on the land of Sarkaru. So, Sarkaru asked the appellant for not putting earth on his land in that way. It is next stated that the appellant suddenly became angry and chased to assault Sarkaru with a spade. It is alleged that the appellant dealt a blow with that spade on the back of the head of Sarkaru resulting his fall. It is said that the appellant fled away from the spot. Sarkaru was lifted from the place by Nuakhau Behera and others who carried him first to his house and then to Rampur Police Station where he lodged a written report of the incident. Police registered the case on that basis and the investigation commenced. Injured Sarkaru was taken to Rampur hospital for medical examination and appellant in the meantime was arrested and released on bail as the offence by then was one under section 323, IPC. On 5-7-1990 information came to be received by police that Sarkaru who was being finally treated at Burla hospital met his death. Accordingly the case got converted to graver offence and the appellant ultimately being charge-sheeted faced the trial being charged for offence under Section 302, IPC.

(3.) Prosecution has examined 12 witnesses, when no witness had been examined from the side of the defence. F.I.R. and other documents have also been admitted in evidence from the side of the prosecution during trial.