STATE OF ORISSA Vs. KHETRABASI BEHERA

JUDGEMENT

(1.) This appeal is directed against the order passed by the learned Additional Sessions Judge, Sambalpur acquitting the respondent of an offence under section 307 of the Indian Panel Code (I.P.C. for short).

(2.) The prosecution case in brief is that the respondent and the injured (P.W. 2) were residing in Chhipilima as neighbours. On 29.9.1980 between 7.30 and 8 p.m. P.W. 2 was proceeding towards a grocery shop. The respondent saw P.W. 2 near his house and requested him to purchase Bidi and match-box worth Rs. 0.50 paise. P.W. 2 returned to the house of the respondent and delivered Bidi and match-box to him. Thereafter both of them smoked Bidi. All of a sudden the respondent picked up a spear (MO. I) from his house and when P.W. 2 enquired as to what it was, the respondent answered that it was a weapon. The respondent then expressed words of disgust and thrust the spear by its pointed and sharp side on the abdomen of P.W. 2 who caught hold of the spear and pulled it out when there was tussle between the two. P.W. 2 received a bleeding injury on abdomen and raised an alarm hearing which his son (P.W. 3) and neighbours including P.W. 4 arrived at the scene of occurrence. The respondent was caught and P.W. 2 was immediately removed to Burla Medical College Hospital. P.W. 3 lodged FIR. (Ext. 2). P.W. 2 who had been admitted as an indoor patient was discharged on recovery on 22.10.1980. During investigation M.O. I was seized by the Investigating Officer (P.W. 5) from the cow-shed of the respondent. After close of investigation charge sheet was submitted against the respondent for having committed an offence under section 307, I.P.C.

(3.) The defence plea was that the respondent committed the offence at a time when he was under hallucination and by reason of unsoundness of mind he was incapable of knowing the nature of the act committed by him. Therefore, he was entitled to the benefit of the exception provided in section 84, I.P.C.