PRAFULLA NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Petitioner Prafulla Naik faced trial in the Court of learned Chief Judicial Magistrate-cum-Assistant Sessions Judge, Angul in S.T. Case No. 57-A of 1997 for offence punishable under section 304 of the Indian Penal Code on the accusation that on 14.02.1996 at about 9.00 a.m. at village Mukundapur, he caused death of Duryodhan Naik (hereafter 'the deceased') with the intention of causing such bodily injury as was likely to cause death and thereby committed an offence of culpable homicide not amounting to murder.

(2.) The prosecution case as per the first information report lodged by one Palau Naik (P.W.4) is that on 14/15.01996 during the night while he was going to sleep after taking his food with his family members, his wife Sambari Naik (P.W.6) came and told that the deceased had not yet returned back. Since the informant was tired, he asked P.W.6 to go inside the village to search for the deceased. Accordingly, P.W.6 who is the mother of the deceased went inside the village holding one lantern and near the house of Dhruba Naik, she found that the petitioner and the deceased were quarrelling with each other and all on sudden, the petitioner threatened the deceased to kill and went inside the house, brought one tangia and dealt a blow on the head of the deceased as a result of which the deceased fell down on the ground. Thereafter the petitioner dealt repeated blows on different parts of the body of the deceased. Hearing hulla of P.W.6, other co-villagers arrived at the spot. When the co-villagers tried to rescue the deceased, the petitioner threatened them with dire consequence and fled away towards the jungle holding tangia. After the petitioner left the spot, the deceased was shifted to the hospital for his treatment. On the basis of such first information report, Angul P.S. Case No.13 of 1996 was registered on 15.01996 under section 307 of the Indian Penal Code. During course of investigation, the I.O. visited the spot, examined the witnesses, seized the weapon of offence. The deceased was sent for medical examination and it appears that the deceased died on 05.07.1996. After the death of the deceased, post-mortem was conducted at District Headquarters Hospital, Angul and on completion of investigation, charge sheet was submitted on 09.03.1997 under section 304 of the Indian Penal Code against the petitioner.

(3.) The defence plea is one of denial.