BIDYA MEHER Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this JCRLA, the convict/ appellant (Bidya Meher) assails the judgment of conviction and order of sentence dated 23.03.2004 passed by the learned Additional District and Sessions Judge-Cum-Special Judge, Nuapada in S.A. No.61/63 of 2001 (Sessions), wherein he has been found guilty of the offence under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as "the I.P.C." for brevity) and has been convicted and sentenced to undergo imprisonment for life without imposition of any fine.

(2.) The case of the prosecution is that on 07.04.2001 at about 8.00 P.M. the appellant- Bidya Meher sold country liquor to one person of Mahakhanda village. The members of Bharati Club of Bhuliasikuan detected the liquor and informed the matter to the deceased. The deceased- Sudhir Bag who was the Gram Rakhi at the relevant point of time kept the seized liquor near the Charchhak crossing of the village and went to ascertain the matter to the house of the appellant Bidya Meher. At that time, all the accused persons, namely, Bidya Meher (appellant), Nara Meher, Tikchan Meher and Subash Meher being armed with tangia and tabal, abused the deceased in vulgar language and the appellant Bidya Meher gave one blow on the head of the deceased by means of a tangia, as a result of which, the deceased fell down. Hearing halla, one Binduka Bag (P.W.12) came to the spot and seeing the condition of the deceased, she raised halla. Hearing hue and cry, the mother and wife of the deceased came and wrapped the head of the deceased by means of cloth. Accused Nara Meher gave a blow on the right hand of Santosh Bag (P.W.7) by means of tabal and accused Tikchan Meher assaulted Charaneswar Bag (P.W.3) by means of lathi on his head and accused Subash Meher armed with tabal chased Bhishma Bag (P.W.6) to assault, but could not succeed. F.I.R. was lodged at the Police Station and the P.W.16 registered Khariar P.S. Case No.37 of 2001 for the offence under Section 302/34 of the I.P.C. read with Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "the S.C. and S.T. (P.A.) Act" for brevity). He took up the investigation. After completion of investigation by taking necessary steps, he submitted charge-sheet against four accused persons including the appellant under Section 302/34 of the I.P.C.

(3.) The defence took the plea of complete denial. During course of accused statement, the appellantBidya Meher has stated that about three years back from the date of his statement he was present in his house and at about 8.30 P.M. Bhisma Bag (P.W.6) called him to his house, but he protested. So, Charaneswar Bag (P.W.3) gave two blows by tangia on his back and he lost his sense. He has further stated that the informant has foisted a false case against him.