GOBINDA DADIA @ DHANA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of conviction and sentence passed by the Learned Sessions Judge, Koraput, Jeypore in S.C. No. 294 of 1995 convicting the Appellant for commission of offence under Section 302 of the Indian Penal Code and sentencing him to undergo R I. for life.

(2.) THE case of the prosecution is that on 12.6.1995, one Hari Khilla a resident of village Gumaguda died. On 13.6.1995, the informant Dasa Pangi, the deceased Ramdas and many other villagers went to Gumaguda and cremated the dead body at about 4 P.M. There is a custom in that community that in the event, a person dies, the other families of the village will collect rice to be contributed by each of the family and that will be given to be bereaved family. It is also alleged that the Appellant raised this matter before the other villagers after cremation of the dead body and, accordingly, the deceased asked the Appellant to collect the rice from each of the families. Over this incident there was an exchange of hot words between them and getting angry, the Appellant tore the shirt of the deceased. The deceased feeling insulted, removed the torn shirt and keeping it there, came away declaring to come on the next day and settle the matter in the Panchayat. When Das Pangi and the deceased were returning to their village at about 7.30 P.M, on their way hearing the foot -steps approaching from the back side, the informant turned around and found the accused coming running towards them and suddenly stabbed on the left chest of the deceased with a knife (paniki Chhuri) and removed the weapon and ran away. Receiving the injury, the deceased fell down and there was profuse bleeding from the injury. The informant shouted and other witnesses came to the spot and took the deceased to the hospital but on the way he succumbed to the said injury. On these allegations, an F.I.R. having been lodged by Dasa Pangi -P.W.5, investigation was taken up and charge sheet was submitted for commission of offence under Section 302 of the Indian Penal Code.

(3.) WE , accordingly set aside the order of conviction passed against Appellant under Section 302 of the I.P.C. and convict him under Section 304 -11 of the Indian Penal Code and sentence him to under go imprisonment for a period of ten years.