SRI CHARAN BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Appellant, who was accused in Sessions Trial No. 5/154 of 1988 in the Court of Learned IInd Addl. Sessions Judge, Puri, has filed this appeal challenging the order of conviction and sentence under Section 323, Indian Penal Code recorded against him.

(2.) THE Appellant and his co -accused were charge -sheeted under Section 302/34, Indian Penal Code for committing murder of one Ajijur Rahaman in furtherance of their common intention. The allegation of the prosecution is that on the date of occurrence the Appellant and his co -accused came on the rickshaw of the deceased to Khurda Petrol Pump, Nayagarh Chhack where there was some altercation between them and the deceased over the rickshaw fare and during such altercation, the Appellant first dealt a slap on the face of the deceased and when the deceased rickshaw puller sat down stunned by that slap, the co -accused of the Appellant dealt several kicks on his body. It is alleged that the deceased sustained bleeding from his nose and ear as a result of such assault and lost his sense. He was removed to the local Govt. Hospital by some people but after some time he succumbed to the injuries. Basing on the report lodged by a local person, the OIC, Khurda Police Station registered P.S. Case No. 112 of 1983 initially under Sections 341, 325/34, Indian Penal Code, which was later on converted to one under Section 302/34, Indian Penal Code. After investigation charge -sheet was submitted, the accused persons were committed and tried in the above noted sessions case. The plea of the Appellant was one of complete denial.

(3.) ON consideration of the evidence on record, Learned Trial Judge came to hold that the Appellant dealt only one slap on the deceased and that he had no intention of causing the death of the deceased. He also found that there was no prior meeting of mind between the accused persons to commit the alleged offences. Accordingly, he convicted the Appellant under Section 323, Indian Penal Code and sentenced him to undergo S.I. for three months and to pay a fine of Rs. 500/ - in default to undergo S.I. for a further period of two months. Aggrieved by the said order, the Appellant has filed the present appeal.