HARIHAR DEHURY Vs. STATE

JUDGEMENT

(1.) The appellant has been convicted under Section 302. I. P. C. sentenced to undergo imprisonment for life for having intentionally caused the death of one Balaram Giri of village Vejidihi under Kanjipani Police Station in the district of Keonjhar. The incident took place on 26.12.1979 around 8 P.M.

(2.) THE prosecution case runs thus: On the date of Occurrence the villagers including the deceased and the appellant held a feast and drank Handia (country liquor) near a canal locally known as 'PACHARl NALA' and returned home in the evening. There was some Handia left and on return to the village it was taken in the house of the appellant, but the deceased did not take part in it. At about 8 P.M. the appellant came to the house of the deceased armed, with a Bhalla shouting to kill him. At that time the deceased was present on the village path in front of his house. P. W. 2 Purnami Dei who is the elder brother's wife of the deceased heard the shouts of the appellant and tried to take the deceased to his house, but the appellant rushed towards them moving his Bhalla and dealt three successive blows on the head. Left side of the face and the left scapular region of the deceased. P. W. 3 Tangiti Bewa, the wife of the deceased came to the spot and intervened while the appellant and the deceased were struggling over the Bhalla. The Bhalla struck her body and caused injuries. The appellant left the spot after the Bhalla was taken away from him by the deceased. The deceased was carried to his house where he became senseless. He could not be taken to the hospital on 27.12.1976, as none came forward to help P. W. 3 on 28. 12. 79, the deceased was carried to the headquarters hospital at Keonjhar where he was treated as an indoor patient. He succumbed to the injuries at 4 P.M. on the same day. F. I. R. was lodged by P. W. 1 Benudhar Giri, an agnatic nephew of the deceased at Kanjipani Police Station on 28. 12. 1979 at 2 P.M. implicating the appellant as the assailant of the deceased. The Qfficer -in -charge of the Police Station registered a case under Section 324 I. P. C. and proceeded to the spot at 3 P.M, after deputing the A. S. I to the headquarters hospital at Keonjhar. On 29. 12. 79, he got information that the deceased had died in the hospital. Then he registered a case under Section 302. I. P. C. In course of investigation, he examined the witnesses and arrested the appellant on 30. 12. 79. After usual investigation, he submitted charge -sheet against the appellant under Section 302, I. P. C.

(3.) THE trial, court found the prosecution evidence reliable and convicted and sentenced the appellant as aforesaid. The order of conviction is based mainly on the ocular evidence of P. W. 2, the circumstantial evidence of P. W. 3 and the retracted extra judicial confession of the appellant before P. Ws. 4 and 5.