STATE Vs. PITABAS DAKUA

JUDGEMENT

(1.) HEARD argument, Perused the evidence on record and the impugned judgment.

(2.) THE fact as noted in the impugned judgment and not disputed by the accused is that Ananda Dakua, the deceased and Pitabas Dakua, the accused are agnatic brothers. It reveals from the post mortem report, Ext.2 that age of the deceased was 80 years. It appears from the impugned judgment of the trial Court that accused was a young man of 23 years. P.W.1, Babuli Dakua, P.W.2 Murali Dakua are two brothers out of five sons of the deceased, P.W.3, Bishnupriya Barik is the wife of P.W.2, P.W.4 Srinivas Pradhan is a co -villagers of the parties. P.W.1 is the informant. P.Ws. 1 to 5 are the eye -witnesses, examined in the case. The occurrence took place on 11.06.1986 at about 1 P.M. After occurrence accused and the deceased remained under the treatment of Doctor Gourachandra Biswal (P.W.6) and in support thereof the injury certificates have been marked as Ext -4 and Ext -D. The injury certificate of accuseds father has been marked Ext -A.