DASARU KISAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal from jail has been preferred by the appellant aggrieved by the judgment and order dated 07.01.2000 passed by the learned Sessions Judge, Sambalpur in S.T. No.2 of 1999 convicting him under Section 302, IPC and sentencing him to undergo imprisonment for life and pay a fine of Rs.1,000/- in default to undergo imprisonment for two months more.

(2.) THE case of the prosecution is that the accused himself, the informant (P.W.2) and the deceased are three brothers. THE accused had previous land dispute with the deceased. On 07.07.1998 in the evening, while the deceased was present in his house in village Barhamundi, the accused-appellant called him uttering his name, whereupon the deceased came out of the house. After sometime, the wife of the deceased (P.W.4) and the mother of the deceased (since dead) heard the cry of the deceased, rushed to the spot and found the deceased lying with bleeding injury on his left side chest. He was holding an axe, which he had snatched away from the accused-appellant after the assault. Some time thereafter, thedeceased succumbed to the injury. Getting information from one Raju Munda,P.W.2 came to the spot, heard the incident from P.W.4 and his mother, and foundthe deceased lying dead with bleeding injury on his left side chest. P.W.2 reportedthe matter on 08.07.1998 at Jamankira Police Station, which is 14 KMs away fromthe spot and a case was registered. After investigation, charge sheet was submittedunder section 302 IPC against the appellant.