STATE OF ORISSA Vs. GOTI LACHHUMU DORA

JUDGEMENT

(1.) THIS is an appeal under Section 378, Code of Criminal Procedure by the State of Orissa against God Lachhumu Dora, who has been acquitted of the charge under Section 302, Indian Penal Code by the Sessions Judge, Koraput, Jeypore.

(2.) THE case of the prosecution is that on 24 -12 -1974 at about 6 p.m. the accused -Respondent called the deceased Manjee Karkaria to the threshing floor of one Malifula of village Domb Baraguda and demanded Rs. 30/ - being the price of the bullock which was sold to him (deceased) earlier. As the deceased expressed his inability to pay the amount, the accused was annoyed and assaulted him with slaps, fist blows and kicks. P.W. 2 Karkaria Moni, the son of the deceased who happened to be present at the place of occurrence, on seeing the incident, shouted. On hearing the shout, P.Ws. 3 to 5 came there. It is alleged that on receiving slaps, fist blows and kicks from the accused, the deceased fell down and died at the spot. P.W. 9 and others, who came to the spot some time after, held a panchayat where the accused confessed his guilt. On the following day P.W. 2 went to Ambadala Police Station and lodged information. The Assistant Sub -Inspector of Police (P.W. 10) drew up F.I.R. (Ext. 2) and took up investigation. The dead body was sent for post -mortem examination and P.W. 6. the Medical Officer, held the post -mortem examination. After completion of investigation, P.W. 11, the Officer -in -charge of the Police Station, who took over charge of the investigation from P.W. 10, submitted charge -sheet.

(3.) THE learned Sessions Judge after considering the evidence of the eye witnesses (P.Ws. 2 to 5), the evidence of the doctor (P.W. 6) and of P.W. 9 came to the following finding: