KHALASI @ DAMU CHATAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) In the present Jail Criminal Appeal, the appellants have challenged the order of conviction dated 13.10.2003 passed by the learned Additional Sessions Judge (F.T.), Keonjhar in S.T. No. 60/16 of 2002/03 under Sections 302/34, IPC and consequent sentence to undergo imprisonment for life.

(2.) The prosecution case in brief is that on 30.10.2001 the informant-Goura Chatar @ Munda (P.W.4) had been to village Chadeibhol to watch football match leaving his father and grandmother at home. At abut 7.00 P.M. while he was returning home, he found his grandmother lying dead with bleeding injuries by the side of the road, in front of his house. The informant out of fear went to the house of his uncle Damu Champia (P.W.3) where his father reached with bleeding injuries. It is the further case of the prosecution .that the accused persons, namely, Khalasi, Chandra and Rempa at about 4.00 P.M. assaulted the informant's father with a lathi alleging that his mother has caused death of the son of Khalasi by practising witchcraft. Accused, Khalasi and Rempa assaulted the informant's father in course of which the deceased Gurubari Chatar sought to intervene for which the accused Chandra, Khalasi, Rempa, Tua and Lalu assaulted her with lathi causing her death. Thereafter, the informant (P.W.4) lodged a report before Saharpada Out-post which sent the FIR to Patna Police Station. On completion of investigation, the police submitted charge sheet against the appellants under Sections 302/201/307/380/34, IPC. The defence plea is one of complete denial.

(3.) The prosecution in order to prove charges examined as many as 12 witnesses including the Investigating Officer and the Doctor and exhibited 29 documents including the Post Morterm Examination Report and Chemical Examination Report. The defence examined none. On completion of trial, the learned Additional Sessions Judge (F.T.), Keonjhar convicted the present appellants under Sections 302/34, IPC basing upon circumstantial evidence and acquitted them of the charge under Section 307, IPC.