STATE OF ORISSA Vs. DUBUGA TUBUD

JUDGEMENT

(1.) This appeal is against the judgement passed by the learned Sessions Judge, Dhenkanal, acquitting the respondent of the offence of patricide.

(2.) The prosecution case is that on 15-12-1980 at about 6.00 p.m. there was a quarrel between the respondent and his father (deceased) over thrashing of paddy. During quarrel, out of anger, the respondent threw a piece of Sal wood (Sala Khunta) (M.O. I) aiming at the deceased which struck the head near the left ear of the latter, as a result of which he fell down on the ground. Thereafter, the respondent assaulted him by means of a stick. On account of the assault, the deceased breathed his last. A Home Guard of the village, P.W. 1 lodged F.I.R. (Ext. 1) at Pallahara Police Station. After investigation, charge-sheet was submitted against the respondent under S.302, I.P.C.

(3.) The defence plea was denial simpliciter.