STATE OF ORISSA Vs. JHARI MAJHI

JUDGEMENT

(1.) Respondent, as accused, faced trial in the court of learned Sessions Judge, Kalahandi -Nuapada at Bhawanipatna in Sessions Case No. 68 of 1995 for having intentionally caused the death of one Govardhan Naik by assaulting him by means of a wooden thenga. He was charged for commission of offence under Sec. 302, Indian Penal Code. Learned Sessions Judge by judgment dated 11.3.1996 having acquitted the Respondent, the State of Orissa has filed this appeal.

(2.) The prosecution case, in short, is that in the early morning of 18.7.1995, the Respondent came to the house of Govardhan Naik and requested him to arrange some coins having impression of Mrs. Indira Gandhi. On the request of the Respondent, Govardhan Naik and his helper Ajodhya Naik (P.W.2) proceeded to village Tatripada to collect the coins. Govardhan Naik thereafter did not return to the house. On 20.7.1995 P.W.2 came to the house of Govardhan Naik and informed his wife (P.W.1) that on 19.7.1995 in the evening at about 6.30 P.M. Respondent had assaulted her husband on the neck by means of a wooden thenga as a result of which he fell down at Litibhata Nala and breathed his last. After receiving information, P.W.1 lodged an F.I.R. in Thuamul -Rampur Police Station on 20.7.1995 at about 12.30 P.M. On the basis of the F.I.R., investigation commenced and after examining different persons and after seizure of the lathi, blood -stained earth from the spot and one bed -sheet stained with blood and after conducting post mortem of the dead body, charge -sheet was submitted in G.R. Case No. 333 of 1995. Thereafter, the case was committed to the Court of Session for trial.

(3.) The plea of the defence was one of complete denial.