STATE OF ORISSA Vs. KABASI SUBA

JUDGEMENT

(1.) THE Respondent was facing trial under Section 302, Indian Penal Code on the allegation of having intentionally caused the death of one Kabasi Rama, a co -villager. His acquittal of that charge but conviction under Section 304 Part II, Indian Penal Code by the Sessions Judge, Koraput on 14 -7 -1975 has occasioned this appeal by the State of Orissa.

(2.) THE facts, in brief, are thus: The villagers of Nelakota were observing Dhana Nua Khia festival on 17 -10 -1974. They were indulging in revelry and almost all were drunk. At about 5 30 p. m. while the deceased Kabasi Rama was dancing in a drunken state, the Respondent appeared there similarly drunk and pressed his neck with both the hands. P.Ws. 1 and 2 who happened to be in that congregation went to separate them. But by that time, the deceased was dead. Consequently the dead body was brought before the house of P.W. 4, the village Headman whom the incident was narrated. The next day, that is 18 -10 -1974 a Panchayat was held where the Respondent admitted to have killed the deceased by throttling him. The village school master scribed Ext. 1 which was handed over to the brother of the deceased and has been treated as F.I.R. in this case.

(3.) THE prosecution examined 10 witnesses of whom P.Ws. 1 and 2 are the eye -witnesses to the occurrence; P.Ws. 3, 4 and 5 are witnesses to the extra -judicial confession; and P.W. 6 is the doctor who held the post -mortem. The rest are formal Police witnesses.