HIRARAM GOND Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Jail Criminal Appeal is directed against the judgment and order dated 10.11.2004 passed by the learned Addl. Sessions Judge, Nabarangapur-camp at Umerkote in Criminal Trial No.13 of 2002 corresponding to Criminal Trial No.197 of 2002 of the Sessions Judge, Koraput-Jeypore.

(2.) The case of the prosecution is that the deceased Ghasiram Gond was in the habit of returning home in an unconscious condition and used to pick up quarrel with his wife (P.W.1) every day. On 23.6.2002, around 8.00 P.M., the deceased came home after taking liquor. The appellant who happens to be the adopted son of the deceased and P.W.1 gave him lathi blows causing bleeding injuries on the head. The adoptive mother (P.W.1) tried to intervene but her husband died at the spot. The wife of the deceased (P.W.1) told the matter to Sukudu Gand and the matter was reported to the police and accordingly the police took up investigation and submitted charge sheet.

(3.) The prosecution in order to bring home charges examined as many as nine witnesses. P.W.1 is the wife of the deceased and adoptive mother of the appellant. P.Ws.2 and 3 are the relatives of P.W.1. P.W.4 is a co-villager. P.W.5 is a witness to the inquest. P.W.6 is the doctor, who conducted the autopsy. P.W.7 proved the command certificate. While P.W.8 is the scribe of the FIR under Ext.1, P.W.9 happens to be the Investigating Officer. From the side of the prosecution, 10 documents were exhibited and the lathi was marked as M.O.I.