STATE Vs. KAIRA HO

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment rendered by the Sessions Judge of Mayurbhanj -Baripada camp Karanjia in S.T. No.117 of 1985. By the said judgment, the respondent, though convicted under Section 304 -A IPC, was acquitted of the charge under Section 302 IPC.

(2.) THE case of the prosecution is that houses of the deceased and the respondent situate side -bye -side. Cattle of the respondent used to stray into the bari land of the deceased and damage the crops raised therein. On 20.12.1984 the cattle of the respondent entered into the bari land of the deceased and damaged the crops of the deceased. Deceased asked the respondent to see that his cattle do not stray into his bari land any further, but the respondent gave an evasive reply and was not in a mood to keep his cattle under control. In the afternoon, the cattle of the respondent again strayed into the bari land of the deceased. He drove them out and went to the house of the respondent to tell him not to repeat the same. But the respondent instead of listening to him, brought a split wood and hit on the head of the deceased. On receiving the blow, deceased became unconscious and fell down on the ground. It is the further case of the prosecution that while deceased was proceeding towards the house of the respondent he was followed by his wife (P.W.2) and son (P.W.1). After the deceased fell down in front of the house of the respondent, he was lifted and brought home. Next morning, he was taken to Tahkurmunda P.H.C. where he succumbed to the injuries he had sustained. Inquest was held and post -mortem examination conducted over the dead body. After closure of investigation charge -sheet was laid against the respondent for the offence under Section 302 IPC.

(3.) IN order to substantiate the charge, prosecution examined seven witnesses and relied on thirteen exhibits. Defence examined none in support of its plea.