STATE OF ORISSA Vs. GANDU ALIAS GANDRA TIRKEY

JUDGEMENT

(1.) HEARD.

(2.) THIS Government Appeal is directed against the order of acquittal granted by the addl. Sessions Judge, Rourkela in favour of the accused-Respondent as per the impugned judgment passed on 1-6-1988 in S. T. No. 175/48 of 1988.

(3.) PINU alias Kunu Oram is the deceased. Accused Gandu alias Gandra Tirkey is one of his co-villagers. Deceased had taken the bi-cycle of the accused, but did not return the same nor paid the price thereof in spite of repeated demands. On 14-8-1987 while the accused together with Samara Oram (P. W. 3) were tending cattle and informant dhilon Oram (P. W. 1) elder brother of the deceased was in the adjoining land the deceased arrived there. There was exchange of words and altercation between the accused and the deceased. Thereafter, accused dragged the deceased by catching hold of the napkin around the neck of the deceased so as to get his bi-cycle. Deceased could escape from that hold and in retaliation accused dealt a blow by a Falsia (an axe type weapon) by its sharp edge. As a result of that blow the head was almost severed from the trunk and the deceased died at the spot. P. Ws. 2 and 3 are respectively the wife and son of P. W. 1. P. W. 8 Budhu Tirkey is the elder brother of the accused. The aforesaid four persons were cited as eye witnesses to the occurrence. On the information given by p. W. 1, investigation was undertaken by the i. O. (P. W. 13 ). He submitted Charge Sheet for the offence under Section 302, I. P. C. After commitment of the case accused was charged for the said offence. Accused denied to the charge and claimed for trial.