MINIAKA ASAI Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 13.02.1990 passed by the learned Addl. Sessions Judge, Jeypore, in Sessions Case No.82 of 1989 convicting the appellant under Section 323 Indian Penal Code and sentencing him to undergo rigorous imprisonment for one year.

(2.) The appellant faced trial along with 18 Others in the Court of the Addl. Sessions Judge, Jeypore in Sessions Case No.82 of 1989 being charged under Sections 148, 302, 302/149 and 323 Indian Penal Code. The allegation against the accused persons was that there was a common tamarind tree, the fruits of which were being enjoyed by the family of the deceased and the family of accused Huika Bagi in alternative years. In the year in dispute, the deceased Dangri Ghenu and his family members were to enjoy the fruits. But as Huika Bagi and Others plucked the tamarind from the tree, the deceased made a complaint before the Sarpanch. On that day, the villagers had gone for hunting and in the after noon at about 4 p.m. returned with one Sambar. Since the deceased was not given his share in the Sambar meat, he challenged.

(3.) The plea of the defence was complete denial of the occurrence. A specific plea was taken by the present appellant and co-accused Praska Pakiri that since they had deposed against deceased Dangiri Ghenu in theft cases, this false case has been foisted against them.