STATE OF ORISSA Vs. KHORA GHASI
HIGH COURT OF ORISSA
STATE OF ORISSA
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ACHARYA, J. -
(1.) THIS is an appeal against the order of acquittal passed by the court below in favour of the respondent who was charged and tried under section 302 I. P. C. in that court.
(2.) THE prosecution case in short, is that in the night of 16 -8 -75 the deceased stealthily had entered into the maize field of the accused for committing theft of maize therefrom. The accused who was watching his maize field at that time heard some sound inside his field, and thinking that a bear had entered into the maize field, he shot an arrow towards the place from which the said sound was heard. That arrow hit the deceased on the right side of his belly and caused a gaping and bleeding injury at that place. The deceased ran back to his house and informed his grandmother, P. W. 1, that the accused shot an arrow at him and caused that injury on his person. Soon thereafter the deceased became unconscious and he died after two hours. The next day morning the father of the deceased convened a Panchayat in the village where the accused admitted that he shot the arrow thinking that it was a bear. The father of the deceased thereafter lodged the F. I. R. Ext. 2 at the police station. After investigation and commitment proceeding the accused stood his trial for an offence under section 302 I. P. C. of which he has been acquitted.
The accused in his statement under Section 318 Criminal Procedure Code admitted that he shot the arrow thinking that he was shooting a bear which had strayed into his maize field and was destroying his maize crop. It must be noted that the accused made the same or similar statements before the Bhadraloks in the village and before a Magistrate who on 22 -8 -75 recorded his statement under Section 164, Criminal Procedure Code (Ext. 12).
(3.) THERE is no doubt that the deceased died a homicidal death.;
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