RAMA CHANDRA GHANTA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the Judgment and order dated 30.09.1988 passed by the Addl. Sessions Judge, Bhubaneswar passed in S.T. No. 24/213 of 1985 -84 convicting the Appellant under Section 325 IPC and sentencing him to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1,000 (one thousand), in default to undergo further rigorous imprisonment for one month.

(2.) THE case of the prosecution is that the deceased and the Appellant belong to village Mahukuna. A dispute arose regarding possession of Taila land measuring about 18 gunths between the deceased and his son on one side and the Appellant and his father on the other. A settlement was effected through the intervention of the police, according to which the deceased had been cultivating the disputed land. In the year 1984, as usual, the deceased and his son raised paddy crop in the said land. Since there was over growth of grass weeds, the son of the deceased on 09.07.1984 at about 4 P.M. drove his buffaloes into the said land for grazing and destruction of the over grown grass. At about 4.30 P.M., the Appellant on being informed by his father came to the land, challenged and was driving the cattle away from the land for impounding in the kine house to which the son of the deceased protested. Therefore, a quarrel ensued in course of which the deceased intervened and questioned the high handed action of the Appellant. Then the Appellant snatched away a stick from his father and assaulted on the head of the deceased, as a result of which the deceased fell down and became unconscious. One Maheswar Ghanta, who was nearby, came there and helped Satrughan (son of the deceased) in lifting up the deceased. When they reached in front of the house of one Rajan Nayak, all the accused persons including the Appellant gathered there being armed and the Appellant and accused Hari Ghanta dealt lathi blows on the heads of the deceased, as a result of which he fell down senseless. At about 11.30 P.M. in Gania Primary Health Centre the deceased succumbed to the injuries.

(3.) IN order to prove its case, the prosecution examined as many as twelve witnesses including two doctors and the I.O. and exhibited 16 documents. On the other hand, defence examined only one witness.