DASARATHA DEHURY Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment of conviction and order of sentence dated 22.12.1989 passed by the learned Sessions Judge, Keonjhar in S.T. Case No. 26 of 1988.

(2.) THE case of the prosecution is that on 01.10.1987 at about 8.30 A.M. while the informant (P.W.1) was going to a cloth shop at Ghasipur in the district of Keonjhar, in front of the house of accused Ghana Dehury the accused persons holding lathis came towards the informant from to the compound of accused Ghana Dehury and assaulted him by lathis causing bleeding injury. The accused persons also assaulted Duryodhan Sahu (P.W.2), Ananda Sahu (P.W.3), Kesab Chandra Sahu (P.W.4), Rabindra Prusty (P.W.5), Jagabandhu Sahu (P.W.6), Madhusudan Sahu (P.W.7) by lathis and stones. Accused Dasaratha Dehury and Balaram Dehury assaulted on the head of deceased Nabaghan Sahu by lathis. Other accused persons also assaulted him. The deceased Nabaghan Sahu succumbed to the injuries in S.C.B. Medical College, Cuttack on 06.10.1987. The matter was reported to the police pursuant to which investigation commenced, the injured persons were medically examined, postmortem was conducted on the dead body of the deceased and after completion of investigation charge -sheet was filed against the Appellants.

(3.) THE prosecution, in order to prove its case, examined as many as 20 witnesses including the injured persons, the doctor and the I.O., and exhibited 44 documents. The Appellants in support of their plea examined one witness and proved 8 documents.