SAMA KIRSANI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant has assailed the judgment and order dated 19.07.1999 passed by the learned Additional Sessions Judge, Malkangiri in S.C. No. 16 of 1999 (S.C. No.278 of 1996 of the Sessions Judge, Koraput- Jeypore) convicting him under Section 302 I.P.C. and sentencing him to undergo rigorous imprisonment for life.

(2.) THE case of the prosecution is that on 25.05.1996 at about 10.00 A.M. deceased Mangala Kirsani and the accused-appellant quarreled with each other over the doors of their house. THE deceased told to the present appellant that he has share in the doors and saying so he took 2 the outer door of their house. When he came back to take the other door, theaccused-appellant wanted to kill him by arrow. At that juncture, Lachhimi Chalan P.W.5 arrived and took the bow and arrow from the accused-appellant. But accused-appellant stabbed the deceased on his chest by aknife and P.W.5 out of fear left the place. THEreafter, Soma Sisa P.W.4 cameand requested the appellant not to assault the deceased. As the deceasedfell down on the ground, the appellant by means of an 'Aunla' woodassaulted on the face of the deceased, as a result of which the deceasedsuccumbed to the injury. THE appellant after killing the deceased left thevillage. P.W.2, the informant, returned home from forest at about 7.00 PM,heard from P.W.4 about the occurrence, went to the spot and found thedeceased lying dead. As it was night, P.W.2 could not go to the policestation. However, on the next day, i.e., on 26.05.1996 at about 8.00 A.M. hewent to Mudulipada Police Station and orally reported the matter before theA.S.I. of police who reduced the same to writing, drew up formal FIR andregistered the case. On completion of investigation charge-sheet was laidagainst the appellant under Section 302, IPC.