SUKRU GOUDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Appellant faced trial for commission of murder of his brother Bhalu Gouda. According to the prosecution story, on 19.5.2002 at about 8 P.M. the informant, Chanchala Gouda (P.W.1) with her daughter Anjana (P.W.3) & son Manu (P.W.5) & husband Bhalu Gouda was returning from Jagannathpur Chhak after closing their tea & tiffin shop. Near their house, the accused approached & challenged Bhalu as to why he had abused him before others & threatened to murder him. He went inside his house, brought out a 'Tangia', dragged Bhalu from the road towards his house & gave a 'Tangia' blow to the left side shoulder, as a result of which, Bhalu fell down. The informant & her children seeing this incident, started crying aloud. Hearing the commotion, one of the brothers of Bhalu, namely, Raibaru came to rescue Bhalu, but the accused also threatened to assault him & he left the place out of fear. At that moment, the younger brother of Bhalu, Sujit Goud (P.W.4) came to the spot & snatched away the 'Tangia' from the hands of the accused. Bhalu died at the spot with bleeding injuries. The informant further alleged that there was previous enmity between the two brothers & some cases were pending.

(2.) On the basis of the F.I.R. filed at Sadar Police Station, Bhawanipatna, Kalahandi, police case was registered, which was subsequently converted to G.R. Case No. 284 of 2002 of the Court of Learned JMFC, Bhawanipatna. After completion of investigation, charge -sheet was submitted & the case was committed to the Court of Session for trial.

(3.) In order to substantiate their case, the prosecution got examined 12 witnesses including the two doctors & the I.O. being P. Ws.6,11 & 12 respectively. The prosecution mainly relied upon three eye witnesses, being P. Ws.1,3 & 5, who were widow, daughter & son of Bhalu. P.W. 4 is the brother of the accused & P.W. 2 is the scribe of the F.I.R. P.Ws . 7,8 & 9 are constables who were assigned the duties after the incident. P.W. 10 is a post occurrence witness.