ANGADA KHATUA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against judgment and order dated 13-7-2004 passed by the Ad hoc Addl. Sessions Judge, Kamakhyanagar in Criminal trial (Sessions) No. 18/2003/criminal Trial (Sessions) No. 135 of 2003 convicting the appellant for commission of offence under section 302/436 of the I. P. C. and sentencing him imprisonment for life for commission of offence under Section 302, I. P. C. and also to undergo imprisonment for five years for commission of offence under Section 436 of the I. P. C. However, both the sentences are directed to run concurrently.

(2.) CASE of the prosecution as revealed from the record is that the appellant is the cousin brother of the informant. On 18-9-2002 night at about 10 p. m. the appellant came to the house of the informant and started shuoting. When the informant and his father tried to pacify the appellant, he suddenly set fire to the cow-shed. The informant along with others exginguished the fire by pulling down palm leaves. When protest was raised from the informant side the appellant declared to kill one. At that time father of the informant came out from his house and protested by challenging the appellant as to why he set fire to the cow-shed which could have resulted in burning of other cow-sheds and dwelling houses. The appellant got annoyed, entered inside his house and brought a 'langala Isha' (upper portion of a plough) and dealt a blow on the head of father of the informant, as a result of which he fell down on the ground sustaining bleeding injury on his head. The informant along with others took the deceased to Anlabereni hospital for treatment, but the doctor advised them to shift him to the District Headquarters Hospital, Dhenkanal. Thereafter they brought back the deceased to their house and arranged a vehicle to shift him to the District Headquarters Hospital, but the deceased succumbed to the injuries. On the next day the informant reported the matter to the police and a case was registered for commission of offences under section 302/436 of the I. P. C. On completion of investigation, charge-sheet was filed for commission of the aforesaid offences.

(3.) PROSECUTION in order to prove the charges examined 12 witnesses, whereas 2 witnesses were examined on behalf of the defence. Plea of defence is complete denial of the prosecution allegation. Trial Court on the basis of the evidence of the eye-witnesses coupled with the medical evidence found the appellant guilty of the charges and convicted him thereunder.