GHASI MANDI Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) Learned counsel for the appellant has taken us through the relevant evidence on record as well as the reasons recorded by the high Court for upholding the conviction. It is prosecution case that deceased and two others stood trial for committing the murder of one Lachu Khora, the brother of accused No. 1 Rati Khora, about two years before the date of occurrence and they were acquitted in the said case. Because of their acquittal, accused bore grudge against the deceased. On the date of the incident when deceased and the witnesses were proceeding towards Bariniput crossing from the house of the deceased at about 6. 00 p. m. to take tea, it is alleged that both the accused came all of a sudden and accused No. 2 (appellant) caught hold of the deceased from behind near Kashmir Hotel. Thereafter, accused No. 1 inflicted two knife blows which resulted in the death of the deceased. For this purpose, the High Court has rightly relied upon the evidence of eye-witnesses pw4, PW5 and PW6 coupled with the dying declaration recorded by the investigating officer. It has appreciated the evidence in the light of the medical evidence produced by the parties.

(3.) Considering the aforesaid evidence, in our view, High Court has not committed any error which would call for our interference in these appeals. Hence, the appeals are dismissed. Appeals dismissed.