EDGALLA SANNEYA Vs. STATE

JUDGEMENT

(1.) THE Appellant has challenged the judgment dated 27 -6 -92 passed by Shri S.F. Ahmed, Additional Sessions Judge, Jeypore in Sessions Case No. 59 of 1991 (S.C. No. 257/90 of the court of Sessions Judge, Jeypore committed by the S.D.J.M., Rayagada in G,R. Case No. 397/90). The Appellant has been convicted under Section 302, Indian Penal Code (for short 'I.P.C.') and sentenced to undergo rigorous imprisonment for life and his brother and mother who were the co -accused persons in the case, have been acquitted of the charge under Sections 302/34, I.P.C.

(2.) BRIEFLY stated the prosecution case is as under: On 2 -10 -90 at about 350 p. m. the first informant (p w 1) orally reported before the Inspector -in -charge, Rayagada Police Station (p. w. 13) that on the same date at about 3.30 p.m. the Appellant stabbed the deceased, younger brother of the informant by means of knife, while the other two co -accused persons obstructed the deceased who was running away on the street at Rellisahi inside Rayagada town out of fear of life, after the clarion call given by the Appellant to fight vita him while he was in the house of his brother. The deceased fell down on the spot and succumbed to the injuries hereafter the Appellant and his co -accused perms fled away from the spot, threatening the witnesses present there with dire consequences in case the occurrence was reported to the police. P. w. 1 also reported that prior to the occurrence the Appellant had stabbed him and his two other brothers which had been reported to the police, for which the Appellant bore grudge against the informant and his brothers. P. w. 13 reduced the report of the informant to writing and treated the same as First Information Report (Ext. 12), registered the case and directed p. w. 11, Sub -Inspector of the said P.S. to take up investigation. During investigation. p. w. 11 examined p. w. 1. at the Police Station and at 4.00 p.m, left the Police Station with his staff in search of the accused persons and apprehended the Appellant in an open field while he tried to escape seeing the Police party. He was holding an axe (M.O.II) and a knife (M.O.I). P.w. 11 seized the axe and the knife under the seizure list (Ext. 4) and the cafe was found to have been stained with blood. The Appellant was brought to the P.S. and arrested at 430 p. m. Since the Appellant had sustained some injuries due to assault by the public, he was sent for medical examination in the sub -divisional Hospital, Rayagada. Since the dead body of the deceased had already been removed to the said hospital, p. w.l1 proceeded to the hospital and at 4.30 p.m. held inquest over the dead body of the deceased and sent the same for post -mortem examination. Thereafter p. w. 11 visited the spot at Rellisahi and seized the blood stained and sample earth from the spot under the seizure list. E -xt. 9 and examined some witnesses. On 3 -10 -90 he forwarded the Appellant to the court in custody. On the same date at 3.00 pm. he seized the wearing apparels of the deceased. i. e., full pant (M.O. III) and half shirt (M.O. IV) on production by the constable after the post -mortem examination, under the seizure list Ext. 3. On 6 -10 -90 p.w. 11 received post - mortem examination report from the Medical Officer and on 7 -10 -90 sent the knife (M.O. I) for examination and report as to whether the injuries sustained by the deceased could have been possible by the said weapon or not and the Medical Officer submitted his report (Ext. 2) in the affirmative. On 30 -10 -90 p. w. 11 prayed the S.D.J.M., Rayagada to send the weapon of offence (M.O.I) wearing apparels of the deceased and the blood stained and sample earth for chemical examination and accordingly those articles were sent for chemical examination on 30 -10 -90. On 14 -11 -90 the mother of the Appellant who had been hospitalized for her treatment due to injuries on her legs, was arrested after her discharge from the hospital and forwarded to court in custody. After completion of investigation. p.w. 11 submitted the charge -sheet against the Appellant and his co -accused persons who stood their trial. The trial Judge found the Appellant guilty and convicted him under Section 302. I.P.C. while the two accused persons were found not guilty and were acquitted of the charge under Sections 302/34, I.P.C..

(3.) THE plea of the defense is one of denial and false implication due to previous rivalry.