BASANTA KUMAR NAIK Vs. THE STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal from Jail is directed against the judgment and order dated 5 -12 -1981 passed by the Additional Sessions Judge, Keonjhar, convicting the Appellant Under Section 302, I.P.C. and sentencing him to R.I. for life in Sessions Trial No. 20/17 -K of 1981.

(2.) A brief narration leading to the present appeal is that the deceased Kalakar Naik, father of P.W. 1, was living in village Kathakaranjia. On 7 -9 -1980, the Nuakhia festival day, the deceased came to the house of P.W. 1 in village Kampasara. Towards the evening the Appellant who is the brother of P.W. 3 came to the house of P.W. 1. When Kalakar was taking his meals in the house of P.W. 1, the Appellant dealt Lathi blows on his head as a result of which he became unconscious. P.W. 2, daughter of P.W. 1, saw that the Appellant was raising a Lathi and in that position her grandfather Kalakar was lying on the ground unconscious. She raised alarm calling her father P.W. 1 to come to the spot quickly and stating that her Mama (the Appellant) killed her grandfather (Dada). P.W. 1 rushed to the spot and caught hold of the Appellant and raised hullah. On hearing the hullah, P.W. 4 and others came to the place of occurrence. With the help of P.W. 4, the Appellant was tied with a rope to a pole, The Grama Rakhi was informed and the injured Kalakar was taken to the Keonjhar Civil Hospital where he was admitted as an indoor patient. In spite of treatment, Kalakar succumbed to the injuries on 10 -9 -1980.

(3.) THE defence plea is one of complete denial. The further plea of the Appellant, as can be gathered from the trend of cross -examination and from his statement Under Section 313, Code of Criminal Procedure is that on account of certain quarrel between him and the deceased, the latter got hurt by the planks of a Vadi partitioning the verandah from the room.