PURNA CHANDRA NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Appellant has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life.

(2.) THE prosecution case may be stated in short. On 2nd of April 1970, at about 6.00 p.m., there was a quarrel between the deceased (Bhikari) and Bharat (d.w. 1). The accused is the son of Bharat. The incident arose out of an information received by Bharat from his wife that the deceased assaulted her as she refused to keep his baby while the wife of the deceased (P.w. 3) wanted to go out to fetch water. On Bharat 's questioning the deceased as to why the deceased assaulted Bharat 's wife, there was mutual abuse which ultimately resulted in a scuffle. The deceased is alleged to have grappled Bharat. Both of them rolled on the ground.

(3.) THE learned additional Sessions Judge after an analysis of the relevant evidence on record, held that death was homicidal and the accused had no right of private defence.