RAMESH NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) The judgment and order passed by the learned Additional Sessions Judge, Sonepur in Sessions Case No. 20/18 of 1999 convicting the appellant under Section 302, IPC and sentencing him to undergo imprisonment for life has been assailed in this appeal.

(2.) The short prosecution case, as set out in the FIR lodged by one Jasoda Ranabansia (P.W. 3) is that the son of the informant, namely, Chabila Ranabansia had caught a parrot from a mango tree and had kept in his house. On 10-7-1998, at about 6.00 a.m. while, the informant and her husband, Rabi Ranabansia were tending cattle near the village, the accused-appellant, Umesh Naik came there and abused the husband of the informant in filthy language stating that his son had caught and kept the parrot belonging to him. The informant's husband having protested and refused to give back the parrot, the appellant picked up a Merha (wooden lathi) from the spot and dealt a blow on his head, as a result of which, he fell down sustaining bleeding injury and became unconscious. The appellant then dealt another blow by Merha on the right shoulder of the informant's husband and then left the place by throwing the Merha on the spot. On arrival of witnesses, the injured was taken to the UGPHC, Birmaharajpur and the informant lodged FIR at Birmaharajpur Police Station, on the basis of which, P.S. Case No. 50 of 1998 was registered under Section 294/ 307 of the IPC. The injured was subsequently taken to VSS Medical College, Burla, but he succumbed to the injuries on the way whereupon the case turned to one under Section 302, IPC.

(3.) The plea of the accused is one of the complete denial of the occurrence.