HIGH COURT OF ORISSA
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Mohanty, J. -
(1.) THIS is an appeal by the Government against the order of the Sessions Judge, Koraput, acquitting the accused Sunadhar Gouda of the charge under Section 302, I.P.C.
(2.) THE charge against him was that on 28 -4 -52 at about 10 p.m. in village Muttebeda, the deceased Bhagaban Pujari had been to the place of his uncle. The accused was there. In course of a talk as between Bhagaban and his uncle Bhagaban abused his uncle and gave him slaps. Thereupon the accused remonstrated (Sic with) Bhagaban saying as to why he was assaulting his old uncle. So saying he tried to pacify him and asked him to withdraw from the place. Both the accused and Bhagaban Pujari thereupon went upto the house of P.W. 7 where the deceased Bhagaban Pujari gave him 2 slaps. The accused challenged him. Thereafter Bhagaban brought out a lathi (bamboo pole) and gave him a blow with it. The accused snatched away the bamboo pole and gave two or three blows on the head of the deceased and the deceased fell down on the ground. At that time the village Naik (P.W. 5) arrived there and took away the lathi from the accused. Thereafter, it is alleged the accused shot an arrow on the neck of the deceased and thereby the deceased died there. The Naik (P.W. 5) put two men of the village, viz., Arjun Gouda and Raghunath Gouda to keep watch over the dead body till the arrival of the police. It is said that on the next morning there was a punch in the village in which the accused made an extra -judicial confession before them about the lathi blow on the head of the deceased and the injury on the neck as a result of the arrow shot by him. It appears that the accused made a confession before a Magistrate, but he does not say specifically that it is he who caused the arrow shot on the neck of the deceased.
(3.) THE accused pleaded not guilty to the charge before the trial Court.;
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