MADIA NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this appeal from Jail, Madia Naik (hereinafter referred to as accused) calls in question legality of conviction under Section 302 of Indian Penal Code, 1860 (in short, the I.P.C.) and imposition of sentence of imprisonment for life as done by learned First AddI. Sessions Judge, Berhampur. Accused was found guilty of having committed homicidal death of Anirudha Naik (hereinafter referred to as deceasedT) and offence punishable under Section 323, I.P.C. for having given a blow on Surath Naik (P.W. 4). He was sentenced to undergo imprisonment for six months therefor. One Radhakanta Pradhan also faced trial, but was acquitted.

(2.) A brief reference to the factual aspects would suffice. On 26-1-1990, Suratha Naik (P.W. 4) the son of P.W. 2. Bijaya Naik (informant) was listening to Radio sitting on the verandah of one Jaya Behra of Gandadhar Mochi Sahi. Radhakanta was also there. There was some altercation between Surath and accused ijersons as to whether 26th January is Indeiendence Day or Reiublic Day. Accused and Radhakanta left the place and went away towards P.W.D. road. At about 8 p.m. in the night both of them came near the house of P.W. 2, which adjoins the house of his brother deceased Anirudha. Dispute as to whether 26th January is Independence Day or Republic Day started afresh and in course of quarrel a blow was given by the accused to the deceased. Radhakanta instigated accused-appellant to assault Surath, P.W. 4. Though P.W. 2 requested that for such a small matter there should not be any dispute, but no one paid any heed. Accused Madia gave a blow with a bamboo stick which he was holding to the left shoulder of Suratha (P.W. 4) causing injury. Receiving injury he ran away from the place. At that time the deceased came and tried to pacify the accused. A blow was again given on the head of the deceased which resulted in bleeding injury and instantaneous death. The incident was witnessed by P.W. 2 Bijaya Naik. P.W.

(3.) Jambu Naik (wife of deceased). P.W. 4, Suratha Naik, one Pankaja Naik. P.W. 2s daughter Sabita Naik and others. Written report was lodged at Jagannath prasad Out Post. Station Diary entry was made and formal F.I.R was drawn up at Buguda P.S. investigation was undertaken and on completion thereof charge sheet was submitted.