GOPINATH NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN Sessions Case No. 11/1 of 1993 Learned Addl. Sessions Judge, Balangir on 30.6.1993 found the accused persons, five in numbers, guilty of the offence under Sections 302/149 IPC and also for the offence under Section 148 IPC and accordingly convicted them. The accused persons were sentenced to imprisonment for life for the offence under Sections 302/149 IPC and separate sentence of R.I. for one year was inflicted on each of them for the offence under Section 148 IPC. Both the sentences were directed to run concurrently.

(2.) IT is the admitted case of the parties that accused Barna and Kasta and the deceased Niranjan Naik are the three sons of late Usha Naik. Accused Gopinath and Baikuntha are sons of accused Barna and accused Bhagirathi is the son of accused Kastha.

(3.) ON assessment of evidence on record, Learned Addl. Sessions Judge recorded the finding that because of the incised wound an the right shoulder, lateral aspect of right elbow, right mustoid of scalp and right occipital parietal region, besides a scapular haematoma over the front parietal region of the right side and the depressed fracture on the right lower occipital parietal region, the deceased suffered homicidal death. As noted by Learned Addl. Sessions Judge, the defence did not dispute to the homicidal death of the deceased. Before us also nothing was placed disputing to the finding of the Trial Court on homicidal death of the deceased. On perusal of the medical evidence we concur with the findings of homicidal death of the deceased.