SUDHIR MAHANTA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant has challenged the Order passed by the learned Sessions Judge, Baripada, convicting him under S. 302, I.P.C. and sentencing to undergo imprisonment for life.

(2.) The prosecution case revealed from the F.I.R. (Ext. 7) lodged by P.W. 3, father of deceased Ramesh was that on 28-3-1981 at about 4 p.m. a quarrel ensued between Judhisthira (accused since acquitted) and Narasingha for the former having made an obscene and objectionable remark against the latter. Deceased Ramesh who happened to be present intervened and requested them not to quarrel. But instead of keeping quiet, the appellant his brother Bipin (another accused) and Judhisthira got further enraged and assaulted deceased Ramesh. While Bipin assultled him by means of a ladhi on the left hand and on the back, the appellant uprooted a Sal Ballah and assaulted the deceased on the head as a result of which he was seriously injured. He was immediately removed to Baisingha hospital and F.I.R. (Ext. 7) was lodged at the Police Station on 29-3-1981 in the morning. His condition became critical and so he was removed to Ballasore District Headquarters Hospital where he died on 3-4-1981. The crime was investigated and charge-sheet was submitted against the appellant and two others namely, Bipin and Judhisthira for having committed an offence under S. 302/34. I.P.C.

(3.) The plea of the appellant was that he did not assault the deceased.