JOGENDRA BARIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) APPELLANTS along with four others faced trial for commission of offence under Section 302/34 of the Indian Penal Code (in short, "I.P.C") on the allegation that they had caused the death of one Jadaba Barik in furtherance of their common intention. Learned Sessions Judge, Kalahandi by judgment dated 26.4.1996 convicted the Appellant alone under Section 302, Indian Penal Code and sentenced him to undergo imprisonment for life in S.C. No. 7 of 1993. Assailing the said order of conviction, the present appeal is filed.

(2.) THE incident took place way back in the year 1992. It is alleged by the informant (P.W. 1) that on 24.9.1992 at about 6.00 AM. his younger brother Jadaba went to the house of his elder brother to borrow one yoke. All of a sudden, he heard the shouts of Jadaba. He rushed to the spot and saw that accused Jogendra Barik, who is also one of his brothers, was assaulting Jadaba with a "Tabal Tangia" on his neck. He found that when Jadaba tried to ward off the blows, he received injury on his hand. According to the informant, other accused persons were standing nearby and instigating Jogendra to assault Jadaba. Seeing the informant, all of them ran away. Thereafter, the informant took his brother in a bullock cart. On being asked Jadaba told him that Jogendra assaulted him by means of ''Tabal Tangia" while he was returning from the house of his younger brother. He further stated before the informant that Jogendra had dealt two blows using the cutting edge of "Tabal Tangia" on his neck. Unfortunately before the bullock cart could reach the hospital, he succumbed to the injuries.

(3.) IN course of trial, learned Sessions Judge on coming to the conclusion that allegations have been levelled also against other accused persons, exercising the power under Section 319, Code of Criminal Procedure, added them as accused persons.