HARI NAIK Vs. STATE

JUDGEMENT

(1.) THIS Criminal Appeal has been filed against the judgment and order dated 1st June 1988 passed by the Second Additional Sessions Judge, Ganjam -Berhampur, in S.T. No. 25/86 (160/86 G.D.C.) convicting appellant No. 2 under Section 304, Part -II of IPC and sentencing him to undergo four years' R.I. and convicting rest of the appellants viz., Hari Naik -appellant No. 1, Manu Naik -appellant No. 3 and Nava Naik -appellant No. 4, under Section 323 and sentencing them to undergo R.I. for six months each subject to set off in the matter of sentence.

(2.) THE prosecution case, in brief, is that on 7.6.86 at about 7 to 8 P.M., accused persons armed with bamboo lathies were standing near a tube well which is situated between Pana and Hadi Sahi. The accused persons belonged to Hadi caste and the injured belongs to Pana caste. At about 7 to 8 p.m., Kora Naik (P.W. 1) was returning from Bada Danda Sahi. Near the tube well, on seeing him accused Hari Naik scolded him and assaulted him by means of a bamboo stick on his forehead, as a result of which Kora Naik raised a hualla and on hearing the same Arakhit Naik, Bala Naik, Sulia Naik and Ors. came to the scene of occurrence. Arakhit an old man went forward to bring a pacification between Kora Naik and Hari Naik. At that time accused Bala Naik gave a blow on the head of Arakhit with the Bamboo, as a result of which he fell unconscious and subsequently died in the hospital. In the same night, Kora Naik, who was initially assaulted by Hari Naik, lodged FIR at the Pattapur Police Station whereafter police started investigation, held inquest over the deadbody of Arakhit Naik and forwarded it for post -mortem examination, seized the cloths of the deceased, prepared the spot map, seized the bamboo lathis from the house of the accused persons and sent the injured Kora Naik, Bala Naik, Sulia Naik for medical examination, arrested the accused and after completion of the investigation, submitted the charge sheet. For the self -same alleged occurrence, one Bala Naik had lodged an FIR at the Pattapur Police Station which was registered as P.S. Case No. 47/86 and the accused were sent to Pattapur hospital for treatment of injuries on their persons.

(3.) ON 8.6.86, P.W. 7, the doctor examined and treated the deceased Arakhit Naik and found the following injuries on his person before his death.