RAMA CHANDRA GOUDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dtd.29.06.1991 by the learned 1 st Addl. Sessions Judge, Berhampur in S.C. No.12/91/ S.C.No.71/91 GDC). The appellants being arraigned as accused in Khallikote P.S.Case No.278/90 giving rise to GR Case No.318 of 1990 on the file of learned JMFC, Khallikote finally faced the trial for commission of offence under section 304-II read with Section 34 IPC. In the trial, the appellants having been found guilty for committing offence under Section 323 IPC, have been convicted thereunder and sentenced to undergo rigorous imprisonment for a period of one year.

(2.) Prosecution case in short is that on 1.10.90 around 10 P.M., Sanatan Gouda (deceased) was sitting on the verandah of his house when Ranjita Gouda (P.W.3), the daughter of younger brother of Sanatan was also sitting there. It is said that the accused persons at that time came there, abused Sanatan in filthy language and then assaulted him by lathis (thenga). Receiving the assault, when Sanatan went to a distance and was urinating, another culprit (Juvenile) threw a stone which hit at his abdomen resulting his fall. It is stated that Sanatan receiving the hit by that stone on his abdomen went to unconsciousness. Although, he was taken to the nearest hospital at Khallikote and then to MKCG Medical College and Hospital, Berhampur for treatment, he died on 3.10.90.

(3.) A written report being presented by Surendra Gouda(P.W.1), the brother of the deceased, Khallikote P.S. Case No.278/90 was registered and investigation commenced. The informant and other witnesses were examined, post-mortem examination over the dead body of Sanatan Gouda was made and the incriminating materials were also seized. Finally, on completion of investigation, charge sheet was submitted against the accused persons for their trial for offence under Section 302/34 IPC. The case being committed to the court of Sessions, the accused persons faced trial for offence under Section 304- II IPC. The trial being concluded, the accused persons have been convicted under Section 323 IPC followed by imposition of sentence as aforesaid. Hence the appeal. The plea of the accused persons during the trial is that of denial and false implication on account of prior enmity for the land dispute.