GOBARDHAN NAIK Vs. STATE OF ODISHA

JUDGEMENT

(1.) The appellant stood convicted under Sections 304-I/294/506 of the Indian Penal Code along with Sections 25 and 27 of the Arms Act and sentenced to undergo R.I. for ten years and to pay a fine of Rs.5000/- in default to undergo R.I. for six months for the offence under Section 304, Part-I of the I.P.C; R.I. for one month without any fine for the offence under Section 294 of the I.P.C; R.I. for one year and to pay a fine of Rs.1000/-, in default, to undergo R.I. for one month for the offence under Section 506 of the I.P.C. and R.I. for one year and to pay a fine of Rs.1,000/-, in default, to undergo R.I. for one month on each count for the offences under Sections 25(1-B) and 27(1) of the Arms Act with a direction for concurrent running of all substantive sentences by the learned Sessions Judge in S.T. Case No.80 of 2011.

(2.) The case of the prosecution is that the informant and the accused are neighbours and on 16.06.2010 at about 9 A.M. the accused passed some filthy comments on the grand daughter of the informant to which the daughter of the informant objected. Thereafter, the accused abused the daughter of the informant using obscene words and when she protested, the accused gave out threats to eliminate her by gun and bombs. The informant and his daughter being scared of such threat immediately proceeded to the Police Station for help. The wife of the informant was alone at home and at about 1.30 P.M. the accused had a quarrel with the wife of the informant and fired at her from a gun which resulted in death of the victim at the spot. The villagers present at the spot, tried to give water to victim but she was dead.

(3.) Analysing the evidence placed on record, the learned Sessions Judge held the accused guilty and convicted him under Section 304, Part-I of the I.P.C. so also for the other offences as charged and passed the impugned judgment of conviction and sentences as aforesaid.