KASTI DALAI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Appellant in this appeal has been convicted under Section 302, IPC and sentenced to undergo imprisonment for life in S.T. Case No. 60/10 of 2000 by the Addl. Sessions Judge, Jaipur.

(2.) THE prosecution case is that on 06.08.1999 at about 3.30 P.M. a pair of bullocks belonging to the accused -Appellant entered into the paddy field of the deceased and damaged the paddy crops. While the deceased was driving them to the kine house, the accused rushed to the spot and protested against such action of the deceased. There was an altercation between the deceased and the accused. In course of hot exchange of words, the accused dealt a lathi blow to the vital part of the deceased. As a result of such assault, the deceased fell down on the field. As it was rainy season, there was water in the field. The accused dipped the face of the deceased in the water for which his respiratory system stopped and the deceased died. Son of the deceased, P.W.1, reported the incident at Jajpur Road police station. The Officer in -charge, Jajpur Road P.S. investigated into the matter and after its completion filed charge -sheet against the accused.

(3.) THE prosecution examined as many as 12 witnesses in order to prove its case but defence examined none in support of its plea. Out of the witnesses examined by the prosecution, P.W.I, the son of the deceased, is the informant, P.Ws.2, 3, 4, 5, 8 and 9 are eye witnesses to the occurrence, P.W.6 is a witness to the extra judicial confession, P.W.7 is a witness to the seizure, P.W.10 is the Medical Officer who conducted post -mortem examination, P.W.11 is the doctor who medically examined the accused and P.W.12 is the I.O.