SAMAN ALIAS SOMANATH ROUT Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal arises out of the judgment and order dated 30-6-1989 passed by the Addl. Sessions Judge, balasore convicting the appellant under section 326, IPC and sentencing him to undergo rigorous imprisonment for three years in S. T. Nol. 15/23 of 1989.

(2.) THE case of the prosecution is that on 24-5-1988 during morning hour the accused went to the paddy field of the deceased to plough the land as a labourer. At about 8. 00 a. m. the deceased went to his paddy field, where the accused was ploughing, with perched rice and water for his tiffin. On reaching the spot, the deceased ploughed the land and the accused spread manure with the help of a spade. All on a sudden, the accused/appellant inflicted a blow by means of the spade M. O.-II on the head of the deceased. As a consequence, the deceased fell down facing downward. The nearby witnesses carried the deceased to his house in an unconscious state. Soon he was taken to Balasore District Headquarters hospital for his treatment. Thereafter he was shifted to S. C. B. Medical College Hospital, cuttack for better treatment. The deceased was discharged from the hospital on 5. 6. 1988. However, on 20. 7. 1988 he succumbed to the injuries. Initially a case was registered under section 326, IPC and subsequently final form was submitted under section 304 IPC. But charge was framed under section 302, IPC.

(3.) THE plea of the accused/appellant was complete denial of the allegation. His further plea was that the Khatua family of his village might have assaulted the deceased.