BULU KHANDIA Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this appeal under Section 383 of the Cr.P.C. the appellant has assailed his conviction under Section 302 of the I.P.C. and sentence to undergo life imprisonment and to pay find of Rs. 1000/- in default to undergo further Rigorous Imprisonment for three months, passed by the learned Additional Sessions Judge, Talcher vide judgment dated 8.4.2009 in C.T.(Sessions) No. 07 of 2008.

(2.) The prosecution case in short is that the deceased and the informant are agnatic relation. On the previous day of 21.08.2007, accused -appellant had came to the house of the deceased and asked him to pay money keeping mortgage of bi-cycle. The deceased had refused, accused left with cycle after giving threatening. On next day, i.e., 21.08.2007 at about 11.00 A.M. while deceased-Khita Khandia was proceeding to his agricultural land with liquor to give his labourers, on the way accused asked and took two bottles of liquor. At about 3.30 P.M. deceased-Khatia returned from field. After some time accused came to his house and asked the deceased for more liquor. The deceased refused. Accused threatened him that as he was illegally distilling liquor, he would get him arrested by police. Then accused picked up the knife kept on the wall of the house of the deceased and shouted to kill him. Deceased tried to take-away the knife from the hand of the accused. There was a struggle between them. In course of struggle, accused sustained cut injury on his hand. Thereafter accused gave a kick to the deceased and dragged him to the courtyard. Deceased fell down. Accused threw a curry stone (Shila) on the chest of Khita and trampled over it. Accused also struck a brick on the head of the deceased and urinate on his face. The wife, daughter and son of the deceased requested the accused, but he did not listen. Thereafter accused shouted to have killed Khita. Neighbours assembled. The deceased was found dead. The accused fled away from the spot.

(3.) The plea of defence is that when accused had been to the house of deceased and asked for liquor, the deceased declined. Accused questioned him as to why he would not give him, while selling liquor to others. He also told him that if he (deceased) would be found in possession of liquor, he (accused) would bring the police. The deceased abused saying "Sala" and threatened the accused with dire-consequence and then (deceased) brought out the Bhujali from his house and dealt a blow, as a result of which accused sustained injury on his right hand. Accused moved back when deceased again attempted to give Bhujali blow, accused in order to save him-self picked up the curry stone (Shila) and threw towards deceased and then ran away. To say simply, the plea of accused is right to private defence to his life.