STATE OF ORISSA Vs. RATNAKAR SAHU
HIGH COURT OF ORISSA
STATE OF ORISSA
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S.Acharya, J. -
(1.) GOVERNMENT Appeal No. 95/77, on special leave, is against the judgment passed by the Court below acquitting the accused -Respondent of the charges under Sections 302 and 29 -1, Indian Penal Code framed against him. The accused -Respondent, stood his trial in the Court below for alleged commission of murder by intentionally causing the death of Narendra Sahu. He was also charged in the same trial for an offence under Section 294, Indian Penal Code for allegedly abusing Narendra Sahu in filthy language in a public place. The Court below, while acquitting the accused of both the aforesaid charges, has convicted him only under Section 325, Indian Penal Code and has sentenced him thereunder to undergo R.I. for 3 years.
(2.) THE prosecution case, in short, is that in the morning hours of 22 -10 -1975 the deceased. Narendra Sahu by pelting a stone, injured one eye of a he goat belonging to the accused when the said goat was grazing in the field of the deceased where he bad grown blackgram. When the accused came to know about the infliction of the injury of his goat by the deceased, he (the deceased) assaulted the field servant (p. w. 12) of the deceased. Thereafter the accused came to the village street with the bamboo Lathi M. O. I. and there he held cut threat of assault to the deceased as the latter had injured one eye of the former's goat. Some time thereafter, the deceased came to the village street followed by his mother p. w. 10. On seeing them the accused came running towards the deceased with the M. O. I. and with that Lathi he dealt a blow on the left parietal region of the deceased as a result of which he fell down and immediately became unconscious. P. w. 10, the mother of the deceased, immediately lifted the deceased to her lap and pressed the wound on his head in order to stop blood oozing out of the wound. The accused after assaulting the deceased ran away from that place with the Lathi M.O.I. Thereafter the injured was taken to his house, he was given first aid there, but as he did not regain consciousness he was taken to the Pastikudi Primary Health Center. There p. w. 3 admitted the injured in that hospital at about 3 p.m. on the same day, and the injured died there at 7.45 a.m. on 23 -10 - 1975. After inquest on the dead body, the doctor p. w. 14 as per police requisition held post -mortem examination on the dead body of the deceased. After investigation and commitment proceedings the accused -Respondent was tried for offences under Sections 302 and 294. Indian Penal Code, but the Court below has convicted him only under Section 325. Indian Penal Code as -stated above. The accused has denied the allegations made against him and has taken the plea that he has been falsely implicated in this case by interested persons inimically disposed towards him.
(3.) CRIMINAL Revision No. 316 of 1977 was filed by p.w. 1, who lodged the F.I.R. in this case, praying for setting aside the order of acquittal and to convict the accused for the charges framed against him. As the learned Government Advocate argued the appeal in all its aspects it was not considered necessary to hear the counsel for the Petitioner in the above Criminal Revision.;
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