STATE OF ORISSA Vs. SELU BAG

JUDGEMENT

(1.) HEARD .

(2.) ORDER of acquittal recorded by the Sessions Judge, Kalahandi in Sessions Case No. 59 of 1986 as per the judgment delivered on 14.5.1987 is under challenge. Leave was granted to the appellant -State on 27.10.1987.

(3.) ACCORDING to the case of the prosecution, during day time the informant and his wife had gone to their cultivable land to undertake transpiration operation. After they returned, accused retaliated on the ground that P.W.5 blocked the water way to the land of former and, therefore, he (accused) would kill P.W.5. Declaring such intention and being armed with an axe, accused appeared in front of the house of P.W.5. Informant therefor, went up to roof of his house and from there he was watchful. Two villagers came and disarmed the accused and then accused entered into the house of P.W.5 and collected a stick made of rose wood, locally termed as "Ghichina" stick. While accused was in the process of shouting and abusing P.W.5 the deceased arrived at the spot. Without any rhyme or reason accused inflicted blows to the head of the deceased by means of that stick. P.W.5 rushed to the spot and could be able to snatch away that stick, but the accused ran away. The deceased in an injured condition was taken to the nearby Mission Hospital and there he was declared dead by the doctor (P.W.4) of the said hospital. Information was given to the police and investigation was undertaken.