S.C.MOHAPATRA, B.L.HANSARIA
PURNA PADHI – Appellant
Versus
STATE OF ORISSA – Respondent
HANSARIA, C. J.
( 1 ) THE two appellants having been convicted u/s. 302/34, IPC and each of them having been sentenced to undergo R. I. for life have preferred this appeal.
( 2 ) THE occurrence which had seen the death of Chaitan Kar had taken place on 22- 11-1984 at about 8 a. m. at Marichkote Chhak of Puri town. At the relevant time deceased Chaitan had come to take tea in the shop of P. W. 6 Gangadhar Panda. After having taken tea, Chaitan proceeded towards the pan shop of Arakhit, father of P. W. 10. At that point of time, accused Purna arrived at the spot putting on a napkin on his left shoulder. He was then accompanied by the co-accused Braja who had covered himself with a Chadar. So coming , Purna brought out a Farsa from his armpit and dealt a blow by means of the said Farsa on the left side of the neck of Chaitan. At this point of time accused Braja brought out a Bhujali from underneath his Chadar and dealt a cut blow on the left leg of Chaitan who was lying on the ground. Accused Purna then dealt a further blow with the Farsa on the right foot of Chaitan. This blow was so severe that the right foot was almost severed from the leg. Chaitan started profusely bleeding. The
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