PURNA CHANDRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant has challenged the order of his conviction and sentence under S. 302 of the Indian Penal Code ('I.P.C' for short) passed by the learned Sessions Judge, Dhenkanal.

(2.) Facts in brief may be stated. The appellant, Arjuna (P.W. 2), Bhima (P.W. 4), Sanatan(P.W. 11) and their father Dhaneswar (referred to as deceased) are neighbours and their house and Baris in village Dukhama adjoin with a common fence. On 27-4-1981 in the afternoon there was misunderstanding between the appellant and Bhima (P.W. 4) with regard to the whereabouts of the latter's maternal uncle which turned into a serious quarrel and mutual pelting of stones between the appellant and his wife Kamala (accused since acquitted) on one side and Arjuna (P.W. 2), Bhima (P.W. 4) and Sanatan (P.W. 11) on the other who were standing in their respective Baris. As a result, some of them received injuries. It is stated that the appellant became very much enraged, went inside the house, returned with a Tangi (M.O.I) and attempted to deal a blow on Bhima (P.W. 4) who warded off the blow although he received a bleeding injury on his left palm. Just at that time, the deceased came to the scene of occurrence in order to take back Bhima (P.W. 4) so that he would not be further assaulted by the appellant, but the appellant dealt a Tangi blow on the head of the deceased as a result of which the latter fell down on the ground and lost his senses. He was removed to the Bhapur Hospital where he was declared dead. FIR (Ext. 7) about the incident was lodged at Bhapur Outpost. The case was investigated and charge-sheet was submitted against the appellant and his wife Kamala for having committed offences under S. 302 read with Ss. 34, 324 and 337 I.P.C.

(3.) The defence of the appellant was that Arjuna (P.W. 2), Bhima (P.W. 4), Sanatan (P.W. 11) and other members of their family being armed with Tangi, lathi and stones etc. surrounded and attacked him and his wife Kamala, Being placed in such a situation he snatched away a Tangi from Arjuna (P.W. 2) and in order to save him and his wife Kamala from further assault by the prosecution witnesses whirled it round and round when the Tangi hit the head of the deceased In short, he took the right of private defence of person.