DIBAKSR PALSI Vs. STATE

JUDGEMENT

(1.) Dibakar Palsi (hereinafter called the 'accused') having been convicted for an offence punishable under Sec. 302 of the Indian Penal Code, 1860 (in short the 'I.P.C.') and sentenced to undergo imprisonment for life by the Sessions Judge, Keonjhar has preferred this appeal.

(2.) In a nut shell prosecution case is as follows : On 19-6-89 at about I P.M. while Mukta (hereinafter called the 'deceased') was going in front of accused's house carrying her grand-son, the accused assaulted her by means of a spade, as a result of which she sustained injuries on her head, and fell down on the spot with her grand-son. One Basanti Bei (P.W. 3) saw the occurrence and called Dhruba Charan Barik (P.W. 2). (Son) of the deceased. Dhruba immediately rushed to the spot and saw his mother lying on the road with bleeding injury on her head. She was removed to Chatagaon D. K.C. where on examination the doctor declared her dead. Information was lodged at Chatagaon police station by Dhruba on the basis of which investigation was taken up. On completion of investigation charge-sheet was submitted and the matter came before the Court of Session as commitment by the learned S.D.J.M., Keonjhar. The accused pleaded innocence.

(3.) In order to substantiate the case against the accused, prosecution examined seven witnesses. P.Ws. 3 and 4 claimed to be eye witnesses, while P.Ws. 2 and 5 stated to be post-occurrence witnesses. Placing reliance on the evidence of eye witnesses, learned Sessions Judge found the accused guilty and sentenced him as aforesaid.