HADU HATI Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 29.05.1992 passed by the learned Addl. Sessions Judge, Bargarh in Sessions Trial No.24/9 of 1992 convicting the accused appellant under Section 325, I.P.C. and sentencing him to undergo R.I. for three years.

(2.) The prosecution case as unfurled was that on 03.07.1991 at about 2.30 P.M. the appellant appeared at Padampur Police Station and told the A.S.I. present there that on the same day at about 10 a.m. due to some earlier dispute between himself and the deceased Duryodhan Hati they had a quarrel in the field near village Dangaghat and threw stones at each other. One Keshab Hati was also present there and the appellant threw a stone hiding behind the mango tree which hit the head of the deceased who fell down on the ground. He further told that he ran near the victim and further assaulted on his head by means of a stone as a result of which the victim died at the spot. Thereafter he along with Keshab Hati carried the dead body to another field. Keshab went away and out of fear the appellant Hadu Hati came to the police station to report. The concerned A.S.I. made a Station Diary entry and proceeded to the spot. He found the dead body on the land of one Yudhistir Sahu. He noticed two bleeding injuries one on the head and one on the nose of the deceased. Thereafter the O.I.C., Padampur Police Station arrived there and the A.S.I. submitted a written report before him narrating the incident which was treated as F.I.R. and the investigation was taken up. In course of investigation, both the present appellant and Keshab Hati were arrested and while in police custody they led the police to recover a piece of stone from inside a well and the cycle of the deceased from another field, which were seized. Inquest was conducted over the dead body and sent for postmortem. Witnesses were examined and after completion of investigation charge sheet was submitted against the present appellant and Keshab Hati under Sections 302/201/34, I.P.C.

(3.) Both the accused persons faced trial with a plea of complete denial. 12 witnesses were examined on behalf of the prosecution as against none preferred by the accused persons in defence. Learned trial court on evaluation of the evidence on record found that no case was made out against the accused Keshab Hati and accordingly acquitted him and convicted the present appellant under Section 325 of the I.P.C. by the impugned judgment.