PADASA GOUNTIANI Vs. KUSA MAHALIK AND 2 ORS.

JUDGEMENT

(1.) PROSECUTION case is that deceased Someswar Naik was the gountia of village Chhuriagarh. He was going to village Phaleapara in the afternoon of 12 -7 -1964. The three accused caught hold of him on the village lane in front of the house of p. ws. 8 and 12, assaulted him with a stick and carried him to the house of Laiban Mahalik where he was detained during the night and the accused trampled over his chest and abdomen inside the house. Next morning Laiban asked the deceased to g to the house of the accused who assaulted him. The deceased accordingly crawled to the house of Someswar Mahalik. At about 4 p.m. the village Jhankar and the Naib Sarpanch came there. The deceased made dying declarations at different times before different persons one of which was recorded into writing. Later he was taken to his own house where he died at about 8 p.m. The defence was one of denial.

(2.) THE learned Sessions Judge on discussion of the evidence believed the prosecution case that the accused forcibly carried the deceased on the village lane towards the house of Laiban in the evening of 12 -7 -1964. He disbelieved the prosecution story of the accused assaulting the deceased or causing his death. He accordingly recorded an order of acquittal of the charge under Section 302/34, Indian Penal Code but convicted the Petitioner under Section 323, Indian Penal Code and sentenced each of them to pay a fine of Rs. 200/ - or in default to R.I. for one month.

(3.) THE following questions require consideration