ANDHARI NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) The two appellants have been convicted under S. 302/34, Indian Penal Code, and sentenced to undergo imprisonment for life for having voluntarily caused the death of one Nakula Naik. The appellants are also convicted under Ss. 307/ 34, Indian Penal Code, and sentenced to undergo R.I. for three years and to pay a fine of Rs. 300/-, in default, to undergo further R.I. for three months, for having attempted to commit the death of Katua Naik.

(2.) Deceased Nakula Naik was the brother of informant Katua Naik. On 24-6-1990 their brother Arjuna Naik expired. The two appellants who are agnatic relations of the informant had accompanied the dead body to the burial ground for cremation. After returning, the appellants questioned Nakula Naik (deceased) as to why oil had not been arranged at the time of taking bath after cremation. On this ground there was exchange of hot words between Nakula Naik and the appellants. Immediately, thereafter, appellant No. 1 Andhari Naik brought a 'Katari' and assaulted on the head of Nakula Naik. When the informant protested regarding such action, appellant No. 2, Prafulla Naik dealt 'Katari' blow on the head of the informant and after the latter fell down dealt further blow with lathi causing injury on the right eye-brow. Though deceased Nakula Naik was shifted to the Sub-Divisional Hospital at Banki and thereafter, to the S.C.B. Medical College Hospital, the next day, he succumbed to the injury on 26-6-1990. After investigation charge sheet was submitted under Ss. 302/307/34, Indian Penal Code against both the appellants.

(3.) The plea of the accused persons was one of denial.