STATE OF ORISSA Vs. PRIYANATH PRADHAN AND ANOTHER

JUDGEMENT

(1.) This appeal is directed against the Order Dated 25.05.1995 passed by the Learned Second Additional Sessions Judge, Puri in S.T. Case No. 57/254 of 1991 acquitting the Respondents of the charge under Sections 302/34, I.P.C.

(2.) The case of the prosecution, in brief is that on 10.04.1990 at about 9.00 A.M. the deceased along with his wife (P.W.6) and one Manguli Jena (P.W.9), whom they had engaged for plucking coconuts, were present in their coconut garden. P.W. 9 had climbed on a coconut tree. The informant (P.W.4), the son of the deceased (P.W.8) and Radhasyam Pradhan, brother of the deceased, were present near the coconut garden in, an adjacent Sari. At that time Respondent No. 2-Trinath and Respondent No. 1-Priyanath, who were holding a katari and lathi respectively, challenged the deceased as to why he was plucking coconuts. Respondent No. 2 dealt a katari blow on the head of the deceased, as a result of which he fell down, and then Respondent No. 1 dealt lathi blows on the right hand and chest of the deceased. As P. Ws. 4, 7 and 8 rushed to the spot, the accused-Respondents fled away from the spot. Thereafter, P.W. 4 and Ors. removed the deceased to the temple of Lord Mohadev in their village and from that place they carried him to Jodapadar Out Post under Srahmagiri P.S. where P.W. 4 lodged the written report regarding the incident. As the deceased had sustained injuries, police sent injury requisition to Kanas P.H.C., where the deceased was treated by the doctor (P.W.5). The condition of the deceased becoming serious, he was referred to the District headquarters Hospital, Puri, where he succumbed to the injuries at 7.40 P.M. on the same day. Thereafter, investigation was taken up and on its completion charge-sheet was filed against the accused- Respondents.

(3.) The plea of the accused-Respondents was complete denial of the allegations. The specific plea of Respondent No. 1 was that he was not at all present at the spot at the time of occurrence. Respondent No. 2-Trinath specifically pleaded that the deceased assaulted him by means of a Katari.