KALIA ALIAS DURYODHAN NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 21-6-1993 passed by the Sessions Judge. Koraput, Jeypore, in Sessions Case No. 180 of 1992 convicting the accused-appellant under Section 302. IPC and sentencing him to undergo imprisonment for life.

(2.) The appellant along with two others, namely, Subarna Naik and Janaki alias Budhia Naik were sent up for trial for committing offence under Section 302/34. IPC. The learned Sessions Judge, by the impugned judgment convicted the appellant under Section 302. IPC and acquitted the other two accused persons.

(3.) Briefly stated the case of the prosecution is that the appellant and the deceased were carrying on timbet: business jointly. On 19-3-1992, the deceased came to the house of the appellant and demanded money which he had paid in connection with supply of timber. It may be stated that the deceased had paid money for supply of timber and the supplier had delivered the goods in the house of the appellant. There was some altercation between the appellant, and the deceased. The appellant got annoyed and dealt blows on the abdomen of the deceased by means of a knife. It is alleged that the other accused persons who are the sisters of the appellant caught hold of the hands of the deceased at the time when blows were inflicted on him. It is not disputed by the prosecution that it was the appellant who carried the deceased to the hospital where the deceased succumbed to the injuries.