Decided on July 20,1978

Budara Majhi Respondents


S. Acharya, J. - (1.) THE Respondent was charged under Section 302, Indian Penal Code for committing the murder of Lingaraj Majhi, of village Lumagaon under Lanjigarh P. S. in Kalahandi district, at about 8 p. m. on 2 -8 -1972. He was also charged under Section 326, Indian Penal Code for causing grievous hurt to Tirumuhi Kondhuni (P.W. 7) by means of a sharp cutting weapon at the aforesaid time.
(2.) THE prosecution case, in short, is that in the evening of 2 -8 -1972 the accused, the deceased and some other villagers had assembled in the house of P.W. 1 for the purpose of taking part in a feast in that house. At that place the deceased asked the accused to repay the rice loan which he had taken from him. The accused replied by saying that he would repay the loan next year. At this the deceased abused the accused in filthy language. At this the accused got enraged and dealt two blows in quick succession on the deceased with the sharp edge of a Tangi. The accused aimed another blow on the deceased, but the same fell on the left arm of P.W. 7. who was sitting by the side of the deceased and caused grievous injury to her. The villagers present there caught hold of the accused. The two injured persons were carried to the hospital; F. I. R. was lodged within a short time thereafter and after investigation and commitment the accused stood his trial for the charges stated above. The accused pleaded not guilty to both the charges. He has completely denied the occurrence and has stated that he has been falsely implicated in this case.
(3.) THE Court below has convicted the accused for two offences under Section 326. Indian Penal Code. one for causing grievous hurt to the deceased and another for causing grievous hurt to P.W. 7 - and he has been sentenced thereunder respectively to R. I. for 7 years and 5 years. The sentences have been ordered to run consecutively.;

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