MASANG KISKU Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 24-3-1993 passed by the learned Sessions Judge, Mayurbhanj, Baripada in S. T. Case No. 38 of 1992 thereby convicting the appellant, Masang Kisku under Section 302, I.P.C. and sentencing him to undergo rigorous imprisonment for life.

(2.) The present appellant along with accused Furmal Kisku faced trial under Section 302 read with Section 34, I.P.C. The trial Court, however, acquitted Furmal Kisku of the charges but convicted and sentenced the appellant as aforesaid.

(3.) The prosecution case in brief is that on 23-11-1991 during morning hours the bullocks of Gunal Kisku the husband of the deceased Jhana, damaged the brinjal plants of the accused persons at village Andherjheli. The accused while reprimanding Gunal Kisku, there was a quarrel and the accused persons assaulted Gunal Kisku. Mahi Tudu, the sister of Gunal Kisku, on getting information regarding the assault on Gunal Kisku came to the house of Gunal Kisku to see him. At that time Gunal Kisku was absent, but his wife Jhana Kisku was there in the house. When Mahi Tudu came to the house, Jhana went to the nearby field to ease herself. After some time, Mahi Tudu heard Jhana shouting for help and rushed towards the field. On reaching the spot, she found Jhana lying on the ground with cut injuries on her person and also found the accused appellant and one Furmal Kisku running away from the spot. Mahi Tudu came back and after her brother reached, she told about the incident to him. Both the brother and sister went to the spot and found Jhana lying dead in a pool of blood. They called the villagers and the Gramrakhi. The Gramarakhi lodged the report in Bisol Police station and after investigation, charge-sheet was submitted against the accused-appellant and the co-accused Furmal Kisku.