BHOLANATH MANDODARI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE convict -appellant has preferred this appeal against the order dated 4.10.1991 convicting him under Sections 302/323, Indian Penal Code and sentencing to undergo R.I. for life passed by the learned Session Judge, Sambalpur in S.T. Case No. 162 of 1990. The Appellant was the sole accused in this case and is alleged to have committed murder of one Nidhi Jaipuria.

(2.) AN FIR was lodged by the daughter of the deceased namely, Punyabati Jaipuria (P.W. 10) in Kuchinda Police Station at about 8.20 p.m. on 9.6.1990. It was stated in the said FIR that on the same day during evening hours the informant went to answer the call of nature to Ghusurimal. While easing herself, she saw from a distance that the accused Bholanath was concealing himself behind a fence being armed with a lathi. At that time, the father of the informant passed by that way returning to his house. Suddenly the accused -appellant came out and gave a lathi blow on the head of the father of the informant. On receiving the said blow, the deceased ran for some distance and fell down on the ground. The accused -appellant went near the deceased and gave repeated blows with the lathi on the deceased. On being prevented by the informant, the accused -appellant pushed her and she fell down on the ground. He also gave her two lathi blows on her back. On raising hullah out of fear, the mother, brother, sisters and neighbors of the informant reached at the spot. They saw the accused -appellant assaulting the deceased. On seeing the others coming, the accused -appellant ran away with the lathi. The deceased was thereafter given water by the informant but he could not drink. Thereafter, the deceased was shifted to Kuchinda hospital where he was declared dead.

(3.) THE prosecution case is that 6 to 7 years prior to the occurrence, there was a land dispute between the accused -appellant and the deceased. On the date of occurrence, i.e. on 9.6.1990 at around 6.00 p.m. when the deceased Nidhi Jaipuria was returning home, the accused -appellant who was concealing himself behind a fence, being armed with a lathi, came out suddenly and dealt a lathi blow on the head of the deceased. On receiving the said blow, the deceased ran for some distance and fell down on the ground. It is the further case of the prosecution that at that time, the informant (P.W. 10) who is the daughter of the deceased, came to the spot and protested, for which she was also assaulted by the accused -appellant. P.W. 10 raised hullah, hearing which, her brother, mother, sisters and neighbors came to the spot. On seeing them the accused -appellant ran towards his house. P.W. 10 tried to give water to the deceased but he did not drink the same. Thereafter, the deceased was shifted to the Kuchinda Hospital where the doctor declared him dead.