Decided on November 16,1978

Rameswar Patra And 2 Ors. Appellant
THE STATE Respondents


S.Acharya, J. - (1.) THE Appellants stand convicted under Section 302/34, Indian Penal Code for intentionally causing the death of Makru Patra in furtherance of their common intention by assaulting him on the village road on 21 -9 -1973 at about 3 P.M. in Badepotka village.
(2.) THE prosecution case in short is that at about 3 P.M. on the date of occurrence, while Makru Patra (the deceased) was passing on the village road, the 3 accused persons attacked him from behind. Accused Jiban with the Lathi in his hand at first dealt a blow on the right leg of Makru, and then he dealt blows on Makru's head and chest, as a result of which Makru fell down on the ground. Thereafter the Lathi, which was in the hand of Jiban, was broken to two pieces, and with one of the broken pieces of that Lathi accused Rameswar indiscriminately assaulted the deceased when the latter was lying on the ground. Accused Jayaram also indiscriminately assaulted the deceased with the Begunia twig (M.O. II) which was in his hand. After assaulting the deceased the accused persons ran away from that place with the Lathis and sticks in their hands. On being assaulted in the aforesaid manner by the accused persons the deceased died at the spot. The occurrence took place in front of the house of P.W. 4. He, on witnessing the occurrence, informed some of the villagers including Gobra Patra (P.W. 6), the son of the deceased. On receiving the said information P.W. 6 came to the place of occurrence and saw that his father was lying dead at the place of occurrence with bleeding injuries on his person. Thereafter P.W. 6 went to the Tiring P. S. and lodged information about the occurrence. After investigation and commitment proceeding, charge under Section 302/34, Indian Penal Code was framed against the accused persons of which they were tried and convicted by the trial Court.
(3.) ALL the three accused persons pleaded not guilty of the charge.;

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