LAXMAN DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Appellant having been convicted for commission of offence under Sec. 302 Indian Penal Code and sentenced to undergo imprisonment for life by the Learned Second Additional Sessions Judge, Berhampur in Sessions Case No. 42 of 1996 (S.C. No. 251/1996 GDC), has preferred this appeal against the order of conviction and sentence.

(2.) The accusations against the Appellant are that on 6.3.1996 on the day of 'Holi' there was Thakurani Jatra in village Khajipalli and at about 3 P.M. while Gantei Das (P.W.2) was sitting and gossiping on his verandah with his sister, brother -in -law (Siba Das) (P.W.6), the accused -Appellant came and called P.W.2 to play 'Holi'. The Appellant insisted repeatedly for playing 'Holi' and when P.W.2 refused, the Appellant dealt a kick blow on P.W.2 and also a kick blow to the child of P.W.6. P.W.2 got enraged and dealt two fist blows on the face of the Appellant. Thereafter, the Appellant went inside his house and came out with a knife, entered into the house of the deceased Balaram in search of P.W.2. The informant (P.W.1) who is the wife of the deceased, protested and at that point of time deceased came to the house and asked the Appellant as to why he was quarrelling. He held the left arm of the Appellant and pulled him saying that the matter shall be decided later. But the Appellant raised his knife and stabbed the deceased on his belly whereafter he threw the knife and went away from the spot. After receiving the injury, the deceased moved a little distance on the village road and fell down. Immediately thereafter the deceased was carried to the hospital by his brother where he was declared dead Banchha Das, the elder brother of the deceased and Brundaban proceed to the police station to lodge the F.I.R and on the way near the village tank, they found the police coming to the village and on arrival of the police, on instruction of the informant, F.I.R. was lodged.

(3.) Investigation was taken up and on completion of the same, charge -sheet was filed for commission of offence under Sec. 302 Indian Penal Code.