GOVINDA NAIK Vs. STATE

JUDGEMENT

(1.) THIS Jail Criminal Appeal has been filed by the appellant challenging to the order of conviction under Section 323, I.P.C. for casing simple hurt to Chanchala Naik (P.W. No.2) and under Section 302, I.P.C. for causing homicidal death of Baidhar Naik (the deceased). For the said conviction, appellant was sentenced to undergo rigorous imprisonment for one month for the offence under Section 323, I.P.C. and imprisonment for life for the offence under Section 302, I.P.C. Learned Sessions Judge, Koraput, Jeypore has directed to run both the sentences concurrently.

(2.) THE case projected by the prosecution before the trial Court was that Khiramani Naik (P.W. No.3) is the brother of Smt. Chanchala Naik (P.W. No.2). Deceased was the husband of P.W. No.2. One Jagan is the brother of the appellant. P.W. No.3 and Jagan were jointly doing cattle business. Once they had gone on such a business to outside but only P.W. No.3 returned to the village. On getting no information about his brother, appellant alleged that P.W. No.3 had sold his brother. On 13.05.1994, i.e., on the date of occurrence, appellant chased P.W. No.3 to take him into task for missing of Jagan. Out of fear P.W. No.3, in the process of escaping, entered into the house of his sister, i.e., P.W. No.2. P.W. No.2 prevented the appellant when the latter entered into her house. At this, the appellant assaulted and injured P.W. No.2 on her head, for which she sustained bleeding injury. Thereafter appellant returned to his house. By the time of the above occurrence deceased was not present in the house, but sometimes thereafter he returned to his house. P.W. No.2 reported the incident about assault on her by the appellant. Thus, the deceased immediately rushed to the house of the appellant. First, he challenged the appellant by standing in front of his house and thereafter he also entered into the house of the appellant. Some times thereafter the deceased came out running from the house of the appellant being followed by the appellant holding an axe. Appellant then dealt blow by the axe on the chest of the deceased and when the deceased fell down he dealt successive blows by that axe. Immediately thereafter, deceased was taken to hospital at Shenger. In the absence of the Doctor, the Compounder of the hospital attended to the patient and gave first aid treatment and advised for shifting of the injured to a hospital at Kashipur. Thereafter the deceased was brought back to the village and on the way he died.

(3.) ACCUSED denied to the allegations of assault on the deceased and also took the plea that the deceased came to his house and after hitting stone on his body the deceased ran away and he does not know the cause of the death. Accused did not adduce any evidence in support of his defence save and except cross -examining the prosecution witnesses.