DOLAMAM PATEL AND ANR. Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is an appeal against the order of conviction and sentence passed under Section 325 read with Section 34, I.P.C. holding the accused Appellants guilty there under and convicting them to undergo R.I. for four years and to pay a fine of Rs. 100/ - each.

(2.) THE prosecution case in short is that on 12.7.1985, the informant Munuklal Patel after returning from field at 7.00 p.m. informed by one Bharat Ram Patel that the accused persons have assaulted their elder father and mother, went to the house of Harihar Patel accompanied by one Tularam and others. On reaching the house, they found Rasila Patel lying unconscious who ultimately was found to be dead. Harihar Patel had received severe injuries was able to talk feebly who informed that both the accused persons assaulted him and his wife with fist blows, slaps and kicks. The Grama Rakhi of the village was present at that time. On being instructed by the Grama Rakhi the informant wants to the police station on the following day and reported the matter. The police took up investigation, visited the spot, held inquest on the dead body of Rasila and sent Harihar Patel for his treatment to the hospital, where Harihar Patel succumbed to his injuries, after the inquest, both the dead bodies were sent for post -mortem examination. Ultimately, charge sheet was submitted against both the accused persons under Section 302/34, I.P.C.

(3.) THE prosecution examined ten witnesses, of whom P.W. 3 Mahesram Patel and P.W. 6 Golapi Patel are the eye witnesses. Bijay Lal Nayak (P.W. 7) and Tularam Patel (P.W. 8) are the post -occurrence witnesses and P.W. 9, Dr. K.C. Das, is the doctor who conducted autopsy on the dead body of the deceased persons and P.W. 10 is the Investigating Officer.