KASEL DAS AND ANR. Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS Jail Criminal Appeal has been filed by the Appellants who have been convicted under Sections 302/34 of the Indian Penal Code vide judgment dated 21st October, 1997 passed by learned Sessions Judge, Dhenkanal -Angul in Sessions Trial Case No. No. 16 -D of 1994 and sentenced them to undergo imprisonment for life.

(2.) FACTS , as alleged by the prosecution, are that on 08.07.1993 there was a quarrel between the sons of the accused Dheda (Appellant No. 2) and Fakir, the deceased. On the complaint of his son, accused Dheda came to the house of the deceased and assaulted the son of the deceased and also assaulted the wife of the deceased, who wanted to intervene in the matter. Then the deceased was not present in his house. On 10.07.1993, in the morning at about 7 a.m. accused Dheda was questioned for the aforesaid overt acts and assault. Accused persons retaliated to that questioning, made altercations with the deceased and assaulted the deceased by means of stick (lathi). On sustaining such blow, deceased fell down with bleeding injuries, villagers intervened and the accused persons fled away. According to that allegation, accused (Appellant No. 1) Kasei Das dealt one blow to the head of the deceased followed by two subsequent blows. When the deceased fell down in an injured condition was then taken to Matha Karagola Primary Health Center and therefrom to the Sub -Divisional Hospital at Kamakhyanagar and from that place, on the medical advice, they took the deceased to Cuttack Hospital. On the way the deceased succumbed.

(3.) TO prove the case, prosecution examined as many as seven witnesses. The accused persons examined one witness in their defence.