STATE OF ORISSA Vs. SHYAMA BEHERA

JUDGEMENT

(1.) DANEI @ Danardan Behera and his three sons Rama Chandra, Shyama and Lokanath faced the trial in the Court of Second Addl. District and Sessions Judge, Cuttack in Sessions Trial No. 171 of 1989 on the allegation of committing murder of the deceased Maheswar. On the basis of the allegation, white three sons of the accused Danei were charged under Section 342/302, I.P.C. accused Danei was charged under Section 302/109, I.P.C. On the conclusion of the trial, learned Addl. Sessions Judge recorded order of conviction under Section 326, I.P.C. against accused Shyama and acquitted the remaining accused persons. Accused Shyama has preferred the appeal challenging to his order of conviction under Section 326, I.P.C. and the sentence of rigorous imprisonment for three years. The State filed application for leave to appeal against the aforesaid order of acquittal from the charge under Section 302, I.P.C. After hearing the State in Criminal Misc. Case No. 376 of 1990, on 15.05.1990 leave to Appeal was granted only against the accused -Appellant Shyama.

(2.) SINCE the judgment challenged by both the parties are common, therefore both the appeals have been heard analogously and disposed of by this common judgment.

(3.) P .W.2 with the help of the eye -witnesses to the occurrence shifted the deceased in injured condition to the shade of nearby tree and then the deceased made a statement intending to see his father and also voluntarily uttered that the accused persons assaulted him. The deceased was thereafter shifted to Maniabandha Primary Health Centre via Police Station. Dr. Purna Chandra Ray (P.W.8) granted the preliminary treatment and because of the head injury, he advised to take the deceased to S.C.B. Medical College and Hospital, Cuttack and accordingly prepared the requisition, but before he could be shifted at about 9.30 P.M.", the deceased succumbed to the injury in that P.H.C. P.W.8, thus submitted a report accordingly to the local police.