NARAHARI DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant by filing this appeal has challenged the judgment of conviction and order of sentence dated 30.07.1992 passed by the learned Addl. Sessions Judge, Bhadrak in S.T. No. 161/25 of 1993. In the trial held against the appellant (accused) for commission of offence under section 302 IPC, he has been convicted for commission of offence under section 326 IPC and accordingly has been sentenced to undergo rigorous imprisonment for a period of three years and pay a fine of Rs.1,000/- in default to undergo rigorous imprisonment for two months.

(2.) The prosecution case in short is that on 25.7.1992, the informant- P.W.1, his mother (deceased) and P.W.2 were uprooting paddy plants in different paddy fields near their house. It was around 11.00 A.M. the accused arrived there and abused P.W. 1 in filthy language as also accused informant's mother (deceased). P.W. 1 and her mother then protested. So the accused immediately brought a bamboo stick from the bari of one Chaitanya (D.W.1) and rushed at P.W. 1 to assault. Seeing the accused rushing when P.W.1 stepped behind to save himself from the assault, the deceased, came forward to intervene and then accused dealt two blows on her shoulders. It is further stated that the accused gave a violent blow at the abdomen of the deceased. She fell down on the ground holding the abdomen. P.W.1 then raised hullah. The occurrence is said to have been seen by P.Ws.3 and 4 by remaining near their house and they rushed to the spot. The deceased was removed to the village and thereafter was taken to nearby hospital and ultimately to the hospital at Bhadrak for better treatement. The deceased while undergoing the treatment died.

(3.) Prosecution in the trial has examined in total eight witnesses as against one from the side of the defence. Besides leading the evidence from the lips of those witnesses, the prosecution has proved the FIR (Ext. 1), injury report (Ext.3) and the post mortem report (Ext.2). The seizure list, inquest report and other contemporaneous documents prepared in course of investigation have also been proved. The bamboo lathi which is said to be the weapon of offence and the saree of the deceased have been marked as material objects i.e. M.Os. I and II respectively.