JADU @ GHANASHYAM PATEL AND 2 ORS. Vs. STATE
HIGH COURT OF ORISSA
Jadu @ Ghanashyam Patel And 2 Ors.
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S.Acharya, J. -
(1.) THE Appellants stand convicted under Section 302/34, Indian Penal Code and they have been sentenced thereunder to under go R.I. for life.
(2.) THE prosecution case, in short, is that at about 7 -30 A.M. on 26 -7 -1975 while Jagannath, the deceased, was coming back to his house from his paddy lands and was passing in front of the house of accused Ghanashyam, the three Appellants, who bad concealed themselves in the cow -shed of accused Ghanashyam @ Jade, suddenly came out and assaulted Jagannath. At first accused Riseswar and Gokul dealt lathi blows on Jagannath, and when the latter fell down on the ground, accused Ghanashyam with the axe, M.O.I, dealt blows on the head and legs of Jagannath. Thereafter they ran away from that place. Jagannath, being seriously injured was immediately removed to the hospital at Jharsuguda and be succumbed to the injuries in that Hospital at about 2.30 p.m. on the date of occurrence. F.I.R., Ext. 2, was lodged at the Jharsuguda Police Station by Kastu Charan Patel, P.W. 9, the brother -in -law of Jagannath. The accused Biseswar prior to the lodging of the F.I.R. had lodged a station diary Entry, ext. 14, about the occurrence. Defence plea is one of total denial of their complicity with the occurrence.
(3.) ALONG with the Appellants, Bhawani Dei, wife of Appellant Ghanashyam Patel, was also charged for an offence under Section 201, Indian Penal Code on the allegation that she concealed the axe. M.O.I. which was used by her husband in dealing blows on the deceased.;
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