BISWANATH SABAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant has assailed the judgment and order dated 15.4.1999 passed by the learned Sessions Judge, Ganjam-Gajapati, Berhampur in S.C. No. 188 of 1998 convicting him under section 302, I.P.C. and sentencing him to undergo imprisonment for life.

(2.) Case of the prosecution is that on 31.1.1998 the goats of appellant's family had damaged the 'mung' crop of the deceased. In the evening, the deceased and Sankar Sabar, brother of the appellant, were quarreling with each other near a tamarind tree situated adjacent to the house of the appellant over that issue. At that time, the appellant was carrying utensils for a test to be given one Kailash Sahoo. Seeing the two (deceased and Sankar) quarreling. lie entered inside his house, brought out an axe, challenged the deceased and dealt a blow with that axe on his left shoulder. When appellant dealt the second blow with the axe he held, the deceased raised his left (rand to ward off and in the process received injury on his left hand. Thereafter, deceased started running towards his house to save his life, but appellant chased him and dealt a third blow with the said axe on the back of the deceased. The deceased somehow went up to his house and collapsed there. When the family members of the deceased and some villagers were carrying him to the hospital, he died on the way. P.W. 8 Ganesh Sabar lodged F.I.R. on receipt of which police registered the case, took tip investigation and after its closure filed charge-sheet against the appellant under section 302, I.P.C.

(3.) The plea of the accused is one of complete denial. His specific plea is that due to previous enmity he has been falsely implicated in the case.