BHARAT ADHA Vs. STATE

JUDGEMENT

(1.) This is an appeal from Jail preferred by Sharat Adha (hereinafter referred to as 'the accused'). He calls in question legality of order of conviction recorded under S. 302, Indian Penal Code, 1960 (for short the 'I.P.C.') and sentence of imprisonment for life as awarded, by learned Additional Sessions Judge, Sambalpur.

(2.) Prosecution case, as unfolded during trial is as follows :On 30-9-1990, Maheswar Naik (hereinafter referred to as 'the deceased') went to house of the accused to ask him to repay the amount he had borrowed. At about 5 p.m. while Akhila Naik (P.W. 1) the informant was returning from the field, he came to the place of occurrence hearing shouts and saw the accused dealing a blow on the head near the left ear by means of a bamboo stick. As a result of such assault deceased fell down. Accused gave some more blows with the saidstick. At that time, informants' brother came there and on being informed about the assault, he called his mother. Akhila Naik (P.W. 1) requested some villagers to help them to take the injured to his house. He was made to lie on a cot. A little later, the deceased breathed his last. Informant accompanied by Mukteswar Kale came to the Deogarh Police-station and reported the occurrence, which was reduced into writing. Investigation was undertaken on the basis of report submitted by the informant. Certain articles including the weapon of offence (M.O. 1) were seized. M.O. 1 was seized on the basis of information furnished by the accused while in custody. Charge-sheet was submitted. During trial, accused pleaded innocence.

(3.) In order to bring home the accusations, ten witnesses were examined, P.Ws. 1, 6 and 7 claimed to be the eye-witnesses. P.W. 6 is wife of the deceased. Accepting the prosecution version and placing reliance of P. Ws. 1, 6 and 7, learned trial Judge convicted and sentenced as aforesaid. Though P.Ws. 6 and 7 were aged about 13 years and 6 years respectively, reliance was placed on their evidence.