MAHABIR HARRO Vs. STATE OF ORISSA

JUDGEMENT

(1.) Accusation of commission of offence punishable under Section 302 of the Indian Penal Code, 1860 (in short, 'IPC') having been accepted, and conviction made by the learned Additional Sessions Judge, Rourkela, Mahabir Hairo (hereinafter referred to as the accused has preferred this appeal. Challenge in this appeal is to the. conviction made and sentence of imprisonment for life as awarded.

(2.) Background facts as projected by the prosecution lies within a very narrow compass. On 11-4-1989 in the night, the accused came and threw abuses at one Rambalad Jha standing in front of the latter's house. At that time said Rambalad was not present in his house. His wife Urmila Jha (P.W. 1) came out of the house, and asked the accused as to why he was shouting and abusing in the absence of Rambalad. While exchange of words between accused and Urmila was going on, parents of Urmila and some other people of the locality arrived there. They drove the accused away from that place. While Urmila and her father Gopal Bhoi (hereinafter referred to as the 'deceased') mother Mukta and sisters Bijula (P.W. 3), and Bimala (P.W. 7) were discussing, the untoward behaviour of the accused, he suddenly appeared there with a sword and dealt a blow on the head of the deceased as a result of which he sustained grievous cut bleeding injuries on his head and his brain matters also came out. When the accused attempted to deal a second blow on the deceased with the sword, the latter's daughters caught hold of the accused as result of which the sword caused injuries on the left hand of Urmila (P.W. 1) and right hand of Mukta (P.W. 2), the widow of the deceased. Hearing their shouts people of. the locality arrived, the deceased was removed to Rourkela G.R.P.S. where information was lodged by Urmila (P.W. 1). A case was registered, and deceased Gopal, his wife Mukta (P.W. 2), and daughter Urmila (P.W. 1) were sent to Rourkela General Hospital for medical examination and treatment. The doctor examined the injured persons and finding condition of deceased Gopal to be very serious, referred him to Ispat General Hospital, Rourkela. After admission in the said hospital, Gopal breathed his last. Investigation was undertaken and on completion thereof charge-sheet was submitted.

(3.) The accused pleaded innocence and false implication.