TUTUNA @ GOVINDA NARAYAN TRIPATHY Vs. STATE OF ORISSA

JUDGEMENT

(1.) Both the appellants in both the appeals being indicated in Talcher P.S. Case No. 113 of 197 for alleged commission of offences punishable under Sec. 302/34 of the I.P.C. faced trial in S.T. Case No. 64-A/31 of 1998/2000 in the file of learned Additional Sessions Judge, Talcher. The Trial Court on conclusion of the trial while acquitting both the appellants (hereinafter referred to as the accused) of the charge under Sec. 302/34 of the I.P.C. held them guilty of the charge under Sec. 304 (I) of the I.P.C. and sentenced each of them to undergo R.I. for seven years. They have assailed the said conviction and sentence in their respective appeals.

(2.) As both the appeals have arisen out of same judgment of conviction and order of sentence, both are heard together and disposed of by this common judgment to avoid any conflicting finding.

(3.) The prosecution placed before the Trial Court a case that the informant Bijay Kumar Naik (PW. 13) and his friend Debabrata Sadangi (the deceased), were students of I.T.I., Talcher and inmates of the hostel. The accused Tutuna @ Govinda Narayan Tripathy was a local resident who used to provide rental accommodation available with him to the students of the I.T.I. in need of the same. Some of his erstwhile tenants had moved to the hostel on getting accommodation leaving his tenanted premises. The accused Govinda as such used to visit his such erstwhile tenants in the hostel with whom he had acquaintance at regular interval. In course of such visit, one day he went to room No. 4 and smoke cigarette there to which Rakesh Garnaik (P.W. 1), an inmate of the room, made protest but accused Govinda did not pay any heed to such protest Next day, he came and abused the inmates who had made protest, the same was protested and some of the inmates of the hostel such as Rakesh, Debabrata and others detained him and brought the same to the notice of their Principal. The Principal came and before them the accused Govinda begged apology and made an undertaking not to visit the hostel again and commit such mistake. However, on 12.11.1997, the accused Govinda had threatened to see the deceased Debabrata and others. On the day following to 12.11.1997, when the informant Bijay Kumar Naik (P.W. 13) and the deceased were returning from Hatatota Market after purchasing grocery, to the hostel, on their way both the accused said to have dealt the deceased fist blows, kicks and slaps. Accused Sisir Barik assaulted the deceased in a Badminton racket and when the racket was broken, he pierced the broken shaft of the racket in the belly of the deceased which caused a punctured wound. The deceased profusely bleed and became senseless. Seeing the incident, when some passerby rushed to the spot, both the accused took to their heels. Then the informant and others brought him to the hospital, but the doctor in the hospital declared him to be dead. The matter was reported to the police at Talcher P.S., pursuant to which, the police registered the case as Talcher P.S. No. 113 of 1997. The Police conducted investigation and on completion of the investigation, the police found substance in the information lodged and placed charge-sheet under Sec. 302/34 of the I.P.C. against both the appellants. Basing on such charge-sheet the learned S.D.J M., Talctier took cognizance under Sections 302/34 of the Penal Code and committed the case to the Court of Session to face their trial for commission of the aforesaid offences hence, the accused be proceed with.