KANHU ALIAS KANHER GOUDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE three appellants in both the appeals have been convicted by the learned ad hoc Additional Sessions Judge, fast Track Court, Aska in Sessions Case no. 72 of 2004 (S. C. No. 432 of 2004-GDC) for commission of offences under sections 302/34 of the Indian Penal code and have been sentenced to imprisonment for life and have also further been sentenced to pay fine of Rs. 5000/- each, in default, to undergo R. I. for one year.

(2.) CASE of the prosecution as revealed from the FIR is that on 17-1-2004 at about 7 p. m. Indra Gouda, Henka alias Ananta gouda, Bhagaban Gouda and Kanhel Gouda who were accused persons went to village sumantapolli and dragged the deceased to the river bank. Brother of the informant accused Kanhei caught hold of the deceased while other three accused persons assaulted the deceased by means of kati and axe on the right shoulder and left wrist causing cut injuries. When the deceased cried loudly, her husband (the informant) rushed to the spot and saw assailant on the deceased. Informant also raised hullah upon which all the accused persons ran away towards their village Sumantapolli. The deceased was immediately shifted to Balisiri Hospital and then to Berhampur Hospital where she succumbed to the injuries. The FIR was lodged by P. W. 11 and the case was registered for commission of offences under Sections 341/ 326/307/34 of the Indian Penal Code initially and after death of the deceased the case turned to be one under Section 302/ 34 of the IPC. On completion of investigation, charge-sheet was submitted against four accused persons for commission of offence under Section 302/34 of the IPC.

(3.) THE prosecution in order to establish the charge examined 11 witnesses, whereas one witness was examined on behalf of the defence. Plea of the defence was complete denial of the prosecution allegation. The trial Court relying on the sole testimony of P. W. 11 who is the husband of the deceased as well as the injury report, found the three appellants guilty of the charges, but accused Indra Gouda was acquitted of the charge.