STATE OF ORISSA Vs. RATHLAL DHANWAR

JUDGEMENT

(1.) The instant reference under Section 318, Cr.P.C. arises out of judgment and order dated 23.07.2011 passed in Sessions Trial No. 151/35 of 2010 of the Ad hoc Additional Sessions Judge, Sundargarh whereunder the accused Rathlal Dhanwar alias Kunda has been found guilty and convicted for the offence under Section 302 IPC and the proceeding has been forwarded under Section 318 Cr.P.C. for passing order regarding imposition of sentence against him.

(2.) The case of the prosecution as has been projected which emerges from the perusal of the record needs to be mentioned in disposal of the case. On 17.02.2010 about 3.30 P.M., the accused, Rathlal Dhanwar alias Kunda who has been found guilty of the offence under Section 302 IPC along with accused Gobinda Dhanwar alias Pachi brought Sukcharan Dhanwar (deceased) from his house by calling. On the way due to some unknown reasons when the said deceased and Gobinda Dhanwar were found scuffling, the accused Rathlal Dhanwar inflicted two blows through a tangia on the neck and head of Sukcharan Dhanwar and then the father of Sukcharan snatched away the tangia from the hand of the Rathlal and thereafter both the accused persons fled away from the spot and Sukcharan died at the spot instantaneously being succumbed to injuries.

(3.) Learned trial court having placed implicit reliance on the testimony of P.Ws.1, 2, 3 and 7, who were ocular witnesses and whose testimony got corroboration from the medical evidence and also from the objective finding of the Investigating Officer found the opposite party, namely, Rathalal Dhanwar guilty of the offence under Section 302 of the I.P.C. and acquitted the other accused, Gobinda Dhanwar and accordingly recorded judgment of conviction dated 23.07.2011.