MAHENDRA RANA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Appellant Mahendra Rana (hereinafter referred to as the accusedT) faced trial for allegedly having committed offence punishable under Sec. 302 of the Indian Penal Code, 1860 (in short, IPC), -and on being found guilty by the learned Additional Sessions Judge, Sambalpur has been sentenced to undergo rigorous imprisonment for life.

(2.) Prosecution version in short is as follows: On 18-7-1993 at about 8 p.m. the accused was standing in front of the house of Lalit Kanta and was abusing him. On hearing, the shouts of the accused, the informant Sricharan Kanta (PW 1) came out of his house and intervened. At that point of time Sricharans elder brother Gopal Kanta (hereinafter referred to as the deceased) came out of the house and chastised the accused for creating tension. There was exchange of hot words, wordy and physical duel. The accused suddenly picked up a piece of wood which was tying on the ground and gave a blow above the right ear of the deceased, on receipt of which the deceased fell down and became unconscious. Seeing this the accused dropped the piece of wood there, and ran away to his house. In spite of treatment by the doctor, deceased breathed his last around 10.30 p.m. that night. First information was lodged upon which investigation was undertaken. On completion of investigation charge-sheet was submitted.

(3.) The accused pleaded innocence. According to him, he was assaulted by Sricharan Kanta (PW 1), Sankar Kanta (PW 2), Sitaram Kanta (PW 3) and Lalita Kanta (PW 5) and deceased. Since he sustained bleeding injuries on his head, he reported the matter at the Police Station and was examined by the doctor on police requisition.