PARIKHITA DEHURY Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Parikhita Dehury along with co-accused Bibhisan Dehury faced trial in the Court of learned Additional Sessions Judge, Rairangpur in S.T. Case No. 51 of 2010 for offence punishable under sections 302/34 of the Indian Penal Code on the accusation of committing murder of Sambhu Dehury (hereafter 'the deceased') on 14.02.2010 at about 8.00 p.m. at village Raikadkacha in furtherance of their common intention.

(2.) The prosecution case, as per the first information report (Ext.1) lodged by Smt. Sarathi Dehury (P.W.1), wife of the deceased before the Inspector in charge, Bisoi police station is that on 14.02010 at about 8.00 p.m. the deceased was sitting in the courtyard of his house after taking rice. The informant and her children were taking rice sitting close to the deceased. At that time, the appellant and his uncle co-accused Bibhisan Dehury came to the house of the deceased and threatened the deceased with dire consequence without any reason and co-accused Bibhisan Dehury who was holding a tangia dealt two blows on the deceased on his left side neck and also on root of the ear for which the deceased fell down on the ground sustaining severe bleeding injuries and wriggled down to death. It is further stated in the first information report that the accused persons used to quarrel with the family of the deceased and during the occurrence, they were also giving threat intermittently that whosoever would come nearer to them, he would be killed. The accused persons decamped from the spot towards jungle leaving the tangia at the spot. The people of the locality did not dare to come nearer to the accused persons at the time of occurrence.

(3.) After submission of charge sheet, the case against was the co-accused Bibhisan Dehury was splatted up and the case of the appellant was committed to the Court of Session after observing due committal procedure and the case was made over to the learned trial Court for disposal in accordance with law where the learned trial Judge charged the appellant under sections 302/34 of the Indian Penal Code on 11.10.2010 and since the appellant refuted the charge, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute him and establish his guilt.