RASHI MALLIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE judgment of conviction and sentence dated 20th December, 1986 passed by learned Sessions Judge, phulbani in S. C. No. 25/1986 convicting the appellant under Section 304 (Part II) I. P. C. and sentencing him to undergo R. I. for four years is assailed in this appeal.

(2.) BEREFT of unnecessary details the prosecution case in short is that in the year 1985 the informant, P W1, had gone to Kothagarh market. His father-in-law, the deceased, had also gone to the said market. While the informant was on his way back to his house he met the accused who was going along with Sridhar Majhi, PW2, and Bhima Majhi, pw3. Seeing the informant the accused asked him to return Rs. 20 which he had borrowed from him. As the informant expressed his inability to repay the amount, the accused got annoyed and gave him two slaps and threatened to kill his father-in-law, the deceased. After proceeding ahead the accused and PWs 2 and 3 met the deceased near a Nala locally known as 'khari' and seeing him the accused asked him to repay the amount borrowed from him. The deceased also expressed his inability to pay the amount. Consequently a quarrel ensued inter se between them and the accused being enraged collected a stone and assaulted the deceased near his right side ear as a result of which he fell down. It was alleged the accused then assaulted him on his head with another stone and the deceased succumbed to the said injuries at the spot. It was alleged that the accused threw the dead body in the Nala and came to the house of sridhar Majhi, PW2, and Bhima Majhi, pw3, and stayed there for the night, and before dawn he left his house without their knowledge.

(3.) AFTER receiving the information about the occurrence PW1 the son-in-law of the deceased lodged written report, Ext. 1, before the O. I. C. , kothagarh P. S. On the basis of the said F. I. R. a P. S. case under Section 302 I. P. C. was registered. After conducting investigation and recording statement of witnesses charge-sheet was submitted against the accused. In his statement recorded under Section 313 Cr. P. C. the accused admitted most part of the prosecution case and stated that there was verbal duel in between him and the deceased regarding repayment of the amount borrowed from him resulting in a tussle and at that relevant time PW2 collected a stone from nearby and assaulted the deceased on his ear and head.