DILINGA PRADHAN Vs. STATE

JUDGEMENT

(1.) This appeal arises out of the judgment and order dated 16-11-1992 passed by the learned Sessions Judge, Phulbani in Sections Case No. 61 of 1992. The learned Sessions Judge found the accused-appellant guilty of the offence under Section 302 of the Indian Penal Code, 1860 (in short 'IPC') and convicted him accordingly. The accused was sentenced to undergo rigorous imprisonment for life.

(2.) Shortly stated, the prosecution case is that the deceased Kasira Pradhan had borrowed Rs. 60/- from one Bedera Baliarsingh and the accused appellant was a surety for the above loan. As the deceased could not pay the amount the accused- appellant asked deceased to repay the amount. The occurrence took place on 12-4-1992 at about 8.00 p.m. While P.W. 1, son of the deceased was lying on the outer verandah of his house keeping his baby daughter on his chest to make her sleep, the accused-appellant came and made the statement that he would commit murder of the deceased and at that time the deceased was standing in front of his house holding his grand son aged about 4 years. At that point of time deceased left behind the child and went near the accused saying 'KEMITI MARIBU MARE'. Thereafter accused inflicted lathi blow on the left side of the abdomen of the deceased and another blow on his right parietal region and deceased fell down and immediately succumbed to the injuries. The son of the deceased, P.W. 1 raised hullah and persons of the locality assembled at the spot. The occurrence was reported to the A.S.I., Subarangiri Out Post and it was reduced to writing. Ext. 1 is the said F.I.R. which was sent to the Officer-in-charge, Kotgarh Police Station and a case was registered. A sketch map on the spot was prepared as per Ext. 10. Investigating agency examined witnesses, held inquest of the dead body vide inquest report Ext. 2, seized the lathi which was lying near the spot and sent the dead body to Daringibadi hospital for autopsy. The accused-appellant was arrested, articles were seized and on completion of investigation charge sheet was submitted under Section 302, IPC.

(3.) The accused pleaded complete denial of his involvement while recording statement under Section 313 of the Code of Criminal Procedure 1973 but from the trend of cross-examination we find that the defence plea was that the deceased was suffering from epilepsy and being attacked by the said disease, he fell down, hit his head with a stone and died.