STATE Vs. PABITRA GURU

JUDGEMENT

(1.) THE accused was charged under Section 302, I. P. C. but was acquitted. Against the order of acquittal the State has filed this appeal.

(2.) THE prosecution case may be stated in brief. The deceased and the accused were brothers. On 15 -12 -65 the accused, the deceased, Gunanidhi Guru (P. W. 1) Khetri Guru (P. W. 2) and another went to Bileimunda land to perform Choru Puja. After the performance of the Puna was over, the accused and the deceased took liquor. The deceased then asked the accused to give up possession of the homestead land which he had purchased from him previously. The accused refused to give up that land. A quarrel ensued. In course of the quarrel, the deceased picked up the axe (M. O. I) of the accused, which was lying on the ground, and raised it to assault the accused on the head, P. W. 1 snatched away the axe from the hand of the deceased and threw it to a distance of about 10 cubits. The accused immediately picked it up and dealt a blow with the axe on the left side of the head of the deceased, as a result of which the latter fell down with bleeding injuries. The accused then gave 4 to 5 other blows on the neck of the deceased who died on the spot. The defence is one of denial. The learned Sessions Judge held that the death was homicidal and the accused killed the deceased. He however acquitted the accused (respondent) on the finding that he was protected by the right of private defence.

(3.) BOTH the learned Standing Counsel and Mr. Nanda do not assail the finding of the learned Sessions Judge that accused killed the deceased. It is therefore not necessary to refer to the various evidence on the basis of which the learned Judge held that the accused killed the deceased.