UDAYAKAR SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Udayakar Sahu, his father and uncle viz. Sanatan Sahu and Sukuta alias Sukadeb Sahu were placed on trial is the Court of the Additional Sessions Judge, Bhadrak. The appellant was charged under Section 302 IPC for having committed the murder by intentionally causing the death of Balaram Sahu. Sanatan Sahu (appellant's father, and Sukuta alias Sukadeb Sahu (brother of Sanatan Sahu) were charged under Section 323/34 IPC for having voluntarily caused hurt to Suma Sewa. The learned trial Judge acquitted Sanatam and Sukuta alias Sukadeb of the charge. He, however, found the appellant guilty under Section 302 IPC, convicted him thereunder and sentenced him to undergo rigorous imprisonment for life. The said conviction and sentences are the subject-matter of challenge in this appeal.

(2.) The case of the prosecution is that deceased Balaram Sahu was the brother of the informant Katnakar Sahu, P.W. 1. The appellant and the co-accused persons are the collaterals of the deceased Balaram Sahu. By the time of occurrence there was long standing litigation between the deceased on one side and the appellant and the co-accused persons on the other. On 11-7-1991 at about 8 a.m. the deceased Balaram, his brother P.W. 1 and their mother were fencing the bari of their land. At that moment the appellant and the co-accused persons came to the spot being armed with spears. Seeing this P.W. 1 raised hullah in response to which P.W. 3 and one Suresh Behera reached at the spot. Then ensued the quarrel and the appellant stabbed on the right side belly of Balaram Sahu who after sustaining injury fell down and later succumbed to the injury in the hospital. The co-accused persons were alleged to have assaulted the mother of the deceased.

(3.) The plea of the appellant was that the deceased was forbidden by him and the co-accused persons from fencing the bari. He instead of desisting from fencing, approached the appellant with a 'kata' in his hand. The appellant then caught hold of a spear which was lying nearby. There was tussle between them and the spear held by the appellant accidentally slipped from his hand and pierced in the belly of the deceased.