RAMA CHANDRA GUNDE Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction and sentence recorded by the learned Sessions Judge, Malkangiri in Sessions Case No. 64 of 1998, convicting the appellant for commission of the offence under Section 302, I.P.C. and sentencing him to undergo imprisonment for life.

(2.) Case of the prosecution is that the deceased and the appellant are brothers and they were living in village Bandhaguda. They were living separately having partitioned their properties. On 28.11.1997 at about 7p.m. the deceased came to the house and reported that appellant shot an arrow, which pierced into his belly. The informant, who is the brother of the deceased, was also told that when the deceased went to the appellant to enquire as to why he had not tied the cattle, the appellant got enraged and shot an arrow on him. The deceased was taken to the hospital, where his condition was found to be serious and the doctor (P.W.1) recorded his dying declaration. F.I.R. was lodged by P.W.3 at local police station, and on the basis of the F.I.R. investigation was taken up and charge-sheet was filed against the appellant for commission of the aforesaid offence.

(3.) The prosecution, in order to prove the charge, examined nine witnesses, but none was examined on behalf of the appellant. The plea of the appellant was false implication in the case.