NARAHARI NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) Conviction of the appellants (hereinafter referred to as 'the accused') under section 304/34, I. P. C. and consequential sentence of rigorous imprisonment for six years awarded by the learned Sessions Judge, Keonjhar, in S. T. Case No. 1 of 1994 has been assailed in the present appeal.

(2.) According to the prosecution, on 2nd August, 1993 Kusum Munda (hereinafter referred to as 'the deceased') had been to the house of accused Narahari Naik to realise a sum of Rs. 10/- towards a cost of a chicken purchased by him prior to the occurrence. The deceased returned empty handed as accused Narahari did not pay him the money. On that day evening all the accused persons being armed with lathis and cycle chain came to the house of the deceased and of them accused Narahari dragged him upto a path and thereafter all the accused persons assaulted him with the weapons held by them and caused injuries on his person. Budhuni Munda, P. W. 5, wife of the deceased came running to the spot, administered water to the deceased but by then the deceased was dead. She then went to the house of her brother Ranga Munda, P. W. 3 and informed him about the incident. As it was late in the night next day Ranga Munda, P. W. 3 and his wife Bala Munda, P. W. 4 went to Joda police station and lodged F. I. R., Ext. 6 whereupon a case under section 302/34, I. P. C. was registered and investigation commenced, on completion whereof charge-sheet was laid against all the accused persons to stand their trial for the aforesaid offence.

(3.) The accused persons denied the prosecution case and pleaded, inter alia, that the deceased assaulted the accused persons with axe and while running away fell down on a stoney surface and sustained injuries.