CHAWA ORAM Vs. STATE

JUDGEMENT

(1.) CHAWA Oram (hereinafter referred to as the accused -appellant) faced trial for allegedly having committed murder of Sudhu (hereinafter referred to as the 'deceased'). The accused Appellant was also alleged to have caused serious injuries to Jagannath (p. w. 1).. He was found guilty and was convicted for commission of offences punishable under Sections 302 and 324 of the Indian Penal Code, 1860 (in short, 'I.P. C.') by learned Additional Sessions Judge, Rourkela, but the co -accused Bicha Oram was acquitted. Accused -appellant was sentenced to undergo rigorous imprisonment for life for the conviction under Section 302, I.P. C, but no separate sentence was awarded for the other offence.

(2.) PROSECUTION version as unfolded during trial is that on '11 -4 -1990, the day following the widely celebrated -function sarul festival two persons named Eta Oram (p. w. 3) and Lada Oram (d. w. 1) were sitting on the verandah of the house of accused Appellant. At about 8 p. m. Jagannath Oram and Manga Oram (p. w. 2) came there. Seeing them Eta and Lada left the place immediately. Accused -appellant abused Jagannath and Manga saying that because of their unwelcome arrival his friends Eta and Lada left the place. Over this issue there was exchange of words between the accused -appellant and Jagannath Oram.

(3.) IN support of the appeal, Mr. B. P, Ray, learned Counsel submitted that on the self -same evidence the co -accused having been acquitted, there is no substance to convict the accused -appellant as the evidence is tainted with falsehood. The evidence of eye witnesses, i. e., p. ws. 1, 2 and 3, who claim to have seen major part of the occurrence is attacked on the ground that same was definitely partisan. Alternatively it is submitted that the assault took place in course sudden quarrel and therefore, Section 302, I.P. C. has application to the facts of the case.