PAUIA JAGAYYA AND ORS. Vs. STATE OF ORISSA

JUDGEMENT

(1.) APPELLANTS challenged the order of conviction under Section 302/34, Indian Penal Code and sentence of imprisonment for life imposed on them as per the judgment and order of conviction dated 11.09.1998 by Learned Sessions Judge, Koraput/Rayagada/Malkangiri/Nabarangpur, At. Jeypore in Sessions Case No. 117 of 1997.

(2.) PROSECUTION case is that on 10.02.1997 at about 10.00 A.M., while Kondagori Bursa, the deceased in this case was raising fence of his land at Kajawada near village Beda Lukuti, all the three accused persons in drunken condition came that way. The deceased apprehended that they had come for Salap juice (Salap liquor) and protested to their coming to that spot. Exchange of words between the deceased and the accused group led to a quarrel, in which the accused persons manhandled the deceased, gave blows and trampled on his chest and belly. On hearing the shout of the deceased, when his wife, Kondagori Daliamma (P.W. 1) rushed to the spot together with others, the accused persons fled away. P.W. 1 found the deceased in an unconscious state and thereafter he was shifted to the house and on the next day night, the deceased died in that unconscious condition. Thereafter, Kondagori Gumpa (P.W. 2) lodged the F.I.R., Ext. 1 and set the law into motion. After a ritual investigation, charge -sheet was filed against the accused persons and they were asked to face the trial for the offence under Section 302/34, Indian Penal Code.

(3.) ACCUSED persons denied to the charge and claimed for trial. However, they also took the defence that there was no quarrel for salap but there was quarrel relating to tamarind.