MADHABA BENIA Vs. STATE OF ORISSA

JUDGEMENT

(1.) In Sessions Case No. 228 of 1996, learned Sessions Judge, Koraput at Jeypore found the present appellant guilty of the offence punishable under Section 302, I.P.C. and sentenced him to suffer imprisonment for life. The aforesaid judgment and order of sentence are impugned in the present appeal.

(2.) A compendium of the prosecution case is as follows:

(3.) Prosecution has examined ten witnesses to prove the charge. P.W.3 is the informant and sole eye-witness to the occurrence. P.W.4 has testified about the fact that he saw the present appellant running away from the spot towards the nearby hillock. P.W.5 is a witness to the disclosure statement of the present appellant and consequent discovery of the wearing apparels of the present appellant, which he had put on at the time of occurrence. P.Ws.2 and 6 are the witness to the inquest. P.W.7 is the Police Officer of Jeypore Town P.S., before whom the present appellant Madhaba Benia appeared, identified himself and confessed to have stabbed his wife with a knife, and on the basis of such information he (P.W.7) made Station Diary Entry No. 474, dated 17.04.1996. P.W.10 is the A.S.I. of Police of Kolab Out-Post, who produced Station Diary Entry No. 384, dated 17.04.1996 made on the basis of oral statement of the informant P.W.3. P.W.1 is the Medical Officer, who conducted autopsy over the dead body of the deceased and P.W.10 is the Investigating Officer.