MAYA PALEI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal arises out of judgment of conviction and order of sentence dated 21.10.2000 passed by the learned Sessions Judge, Keonjhar in S.T. Case No. 112 of 1996. Learned Sessions Judge found both the appellants guilty of offence under Section 302/34, I.P.C. and sentenced each of them to suffer imprisonment for life.

(2.) A compendium of the prosecution case is as follows: Both the appellants are nephews of deceased Dhara Choudhury being the sons of his sister. At about 3.00 p.m. on 14.4.1996 appellant No. 1-Maya Palei shot an arrow at the deceased. Receiving the arrow shot injury the deceased fell down on the ground and at that time appellant No. 2- Hadu Palei smashed the head of the deceased with a Mankada Stone. The deceased died at the spot. Dambaru Choudhury (P.W.10), who happens to be the son of the deceased lodged oral report at Nayakote Police Station, which the I.O. (P.W.4) reduced into writing and registered the case. P.W.4 took up the investigation, seized the incriminating articles including the weapons of offence in course of such investigation and on completion of investigation filed charge-sheet implicating the appellants for the offence punishable under Section 302/34, I.P.C.

(3.) The defence plea is one of complete denial.