AJATI PADHAN Vs. THE STATE

JUDGEMENT

(1.) SHANKAR Padhan (p.w.1) of village Kanteikoili within the police station of Dhenkanal Sadar, lodged the F.I.R. (ext. 1) at 8 a.m. on 4 -4 -1965 alleging that at about 6.30 p.m. on 3 -4 -1965 his brother Urdhab Padban was murdered by accused Ajati Padhan. At about 6 p.m. on the date of occurrence, p.W.1 had gone to some other Sahi of the village and before he left, he found the accused thatching his own house and the Deceased sitting on his own verandah. When p.w.1 returned about half an hour after he saw Urdhab lying dead with severe injuries and p.w.2 (widow of the deceased) weeping by his side. P.w.2 stated to him that when her husband asked for some paddy, which had been kept in the custody of the accused, the latter assaulted the deceased on the head and ran away. P.w.1 immediately informed the Sarpanch (p.w.12) of village Gobindapur, who directed him to go to the police station. On return of the Sarpanch, p.w.1 kept watch over the dead body in the night and went to the police station next day early morning to lodge the F.I.R.. There was previous dispute between the accused and the deceased over some land belonging to Nabin Padhan, father -in -law of the accused. The deceased was in possession of some land after the death of Nabin Padban. Over this there was some punchayati and it bad been settled that the paddy of the year would remain in the custody of the accused until final settlement when distribution of the paddy would take effect.

(2.) THE defence is one of complete denial. The plea taken by the accused is that he had no dispute with the deceased and that he did not kill him.

(3.) THERE is no dispute that the death of Urdhab Padhan was homicidal. The doctor (p.w.8) made the post -mortem examination on 4 -4 -1965 at 5 p.m. and found the following external injuries: