PEJU @ MUKTIKANTA NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) The present Criminal Appeal is directed against the judgment and order dtd. 30/11/1998 passed by the learned Additional Sessions Judge, Bhadrak in S.T. No. 32/151 of 1996, arising out of G.R. Case No. 1042 of 1994 (Tihidi P.S. Case No. 78 of 1994), whereby the appellant has been convicted under Sec. 323 read with Sec. 149 of the Indian Penal Code, 1860, and sentenced to undergo rigorous imprisonment for six months. The remaining co-accused persons were acquitted of all the charges.

(2.) Heard Mr. D. P. Dhal, learned Senior Advocate, for the appellant and Mr. Raj Bhusan Dash, learned Additional Standing Counsel for the State.

(3.) The prosecution case, in brief, is that on 28/8/1994 at about 7 a.m., while the informant (P.W.1) Bichitrananda Nayak and his family members were present in their house, the accused persons, being six in number, allegedly formed an unlawful assembly and assaulted the informant and his brother (P.W.2) Rama Chandra Nayak due to a previous land dispute between the parties. During the occurrence, the deceased Maina Nayak, the mother of the informant, came to their rescue, when the present appellant, Muktikanta Nayak, is said to have dealt a lathi blow on her left forehead above the eye-brow, causing a lacerated bleeding injury. She succumbed two days later. However, upon medical examination, the cause of death was found to be due to severe anaemia and heart failure, and not due to the injury sustained. Despite the said fact evolved on record, the police filed the charge sheet for alleged commission of offence under Ss. 147/322/506/302/149 of IPC. Accordingly, the accused person was charged.