BASANTA KUMAR BANK Vs. STATE OF ORISSA

JUDGEMENT

(1.) Appellant Basanta Kumar Bank (hereinafter referred to as the accusedT) has been convicted by the learned Sessions Judge, Keonjhar for commission of offence punishable under Section 302 of the Indian Penal Code, 1860 (in short, I.P.C.T) for allegedly having committed homicidal death of Fakir Charan Bank (hereinafter referred to as the deceased). He was sentenced to undergo imprisonment for life.

(2.) Background facts as presented by the prosecution essentially are as follows: Deceased was the nephew of the accused. Houses of the accused and deceased were adjacent each other and they were living separately in mess and properly at Badadanda Sahi, Old Town, Keonjhar. Relationship between the accused and family members of the deceased was strained and on the date of occurrence, i.e., 4-5-199 1 the accused abused the father of the deceased and other members of his family in most obscene words and the deceased objected to such obnoxious conduct. During the course of quarrel the accused picked up a Gupti (M.OJ) and gave a piercing blow on the right side abdomen of the deceased, while he was standing in front of his house. On account of the stroke dealt by the accused, the deceased sustained profuse bleeding from his abdomen and raised a cry that the accused had assaulted him. Younger brother of the deceased, Pradeep Kumar Bank (P. W. 1) came to the spot on hearing the cry. Accused was standing at the spot with the Gupti. Apprehending that the accused may give further blows, P.W. 1 snatched away the Gupti from the accused. Same was subsequently produced before the Investigating Officer during investigation. Informant (P.W. 1) carried the deceased in a car to the District Headquarters Hospital, Keonjhar where he was treated. But he succumbed to the injuries on the following morning. Information was lodged at the Town Police Station Keonjhar in the early morning of the next day, i.e. 5-5-199 1. Investigation was undertaken, and charge-sheet was placed.

(3.) Eight witnesses were examined to further the prosecution case, P.Ws. 1 and 2, i.e., the younger brother and mother of the deceased claimed to have witnessed the occurrence. Accused pleaded innocence. He took the stand that there was dispute between the accused and family of the deceased and therefore, a false case has been foisted. In order to prove his innocence accused examined one witness, i.e., driver of the vehicle in which the deceased was carried to the hospital. It was told stand that the deceased had sustained injuries by falling on the ground under the influence of liquor.