PANDA HEMBRAM @ SINGH Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellants, in this Appeal, have challenged the judgment of conviction and order of sentence dtd. 26/6/2013 passed by the learned Additional Sessions Judge, Balasore in Sessions Trial No.54/180 of 2011, corresponding to Khaira P.S. Case No.55 of 2011 of the Court of the learned Judicial Magistrate First Class (J.M.F.C.), Soro. The Appellants (accused persons) thereunder have been convicted for commission of offence under Sec. 302/34 of the Indian Penal Code, 1860 (in short, 'IPC') and sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000.00 each (Rupees Five Thousand) in default to undergo rigorous imprisonment for period of six months each.

(2.) Prosecution case is that on 3/4/2011 accused Panda Hembram having beaten the goats of Gurubari, who is the daughter of Raimani (Informant-P.W.1) while grazing around 7 a.m., he brought those goats to their house alleging that they had eaten 5 kgs of rice in his house. Gurubari when protested, the accused assaulted her. She fell down on the ground sustaining injury on her head. Ramesh Singh, the son-in-law of Raimani (Informant-P.W.1) subsided the matter. It is stated that around 10 p.m. Ratnakar Singh, the husband of the Informant was sleeping on his front verandha when Raimani (P.W.1-Informant) was also sitting nearby. The accused Panda Hembram then arrived holding a crowbar whereas accused Kalia and another (X), a Juvenile-in-Conflict with Law (J.C.L.) also came there holding Sala lathis. It is stated that they assaulted Ratnakar. When accused Panda Hembram assaulted on his head and chest by means of crowbar, Ratnakar died instantly. Hearing the hulla when Ramesh Singh arrived, the accused persons left the spot.

(3.) On the next day, the wife of the deceased, namely, Raimani Singh (P.W.1) presented a written report with the Officer-in-Charge (O.I.C. P.W.10), Khaira Police Station in the District of Balasore. The O.I.C. receiving the said report (Ext.1), treated the same as FIR and upon registration of the case, take up investigation.