BIDHAN CHANDRA NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 23.08.1997 passed by the 1st Addl. Sessions Judge, Berhampur, in S.C. No. 28/95 (S.C. No. 316/95 GDC), holding the accused -Appellant guilty under Section 302 I.P.C. and convicting him thereunder.

(2.) THE case of the prosecution in brief, is that, Dandapani Naik the son of deceased Narasingh Naik of village Indanpur came to Gangapur Police Station on 12.6.1985 at about 9.40 P.M. and verbally reported that about 8.30 P.M. on that day, when he was standing on the verandah of his neighbours house, e his father Narasingh Naik was sitting near the pots used by the cattle's, after taking his meal. His father was suffering from Asthma and as such, was frequently coughing. Accused Bidhan Naik of the village came to the spot where his father was sitting, holding a single barrel gun and challenged his father as to why he was coughing always by looking at him and so saying, the accused Bidhan Naik fired from his gun and his father sustained gunshot injury on his left leg below the knee. Due to gun -shot, the left leg was severed and there was profuse bleeding from the wound. The said accused Bidhan Naik had also assaulted his brother Goura Naik since one and half years back as the informant and his father Narasingh Naik had helped Goura Naik and as -such the accused had a grudge against his father. The informant further stated that at the time the accused fired from his gun at his father, some witnesses like Goura Naik, Panchanan Bhuyan, Sudam Behera and Ors. saw the occurrence. The said verbal report of the informant was reduced into writing and was registered as an F.I.R. and investigation was taken up. As the accused Bidhan Naik was serving in Indian Army, he could not be apprehended.

(3.) THE plea of the defence was of complete denial. The accused in his statement recorded under Section 313 Code of Criminal Procedure had stated that he never came to the village on leave at that time and that a false case has been foisted against him out of grudge and previous enmity . He further stated that he had not seen the Narasingh Naik at any time and he was not present in the village at the time of alleged occurrence.