SUKANTA KABATI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the Second Additional Sessions Judge, Cuttack by which the Appellant has been convicted under Section 302 I.P.C. and sentenced to imprisonment for life. He has also been convicted under Sections 148 and 323 I.P.C. and sentenced to rigorous imprisonment for one year on each count; the sentences are to run concurrently.

(2.) THE case of the prosecution is that the Appellant and four others (they could not be placed on trial as they absconded) being armed with delay weapons were awaiting the arrival of Rabindra Sethi (P.W. 2) at Odasingh village crossing in the evening of 7.10.1993. At about 8 p.m. said Rabindra returned home from his tailoring shop situated at Odasingh Market. Seeing the Appellant and his accomplices, he focused torch on them. Accused Sagan (absconder) challenged the flashing of the torch and scolded Rabindra. Another accused Huna (absconder) dealt a lathi blow on his head at the instance of the Appellant. After being assaulted Rabindra (P.W. 2) raised hullah. Hearing the alarm of Rabindra, his cousin Chandramani (hereinafter referred to as 'the deceased') came rushing to the spot followed by P. Ws. 1, 3, 4 and others. At this moment, absconder Huna dealt a lathi blow on the back of the head of the deceased. Thereafter, the Appellant dealt another blow on the head of the deceased as a result of which he fell down unconscious. The deceased was immediately removed to Salipur P.H.C. whereafter he was referred to Cuttack Medical College where he succumbed to the injury on 8.10.1993.

(3.) ON behalf of the prosecution 12 witnesses were examined out of whom P. Ws. 1, 2, 3 and 4 are the eye witnesses.