DAMBURU GADABA Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this appeal from jail, the appellant seeks to assail the judgment and order dated 30.06.1998 passed by the learned Additional Sessions Judge, Jeypore in Sessions Case No.66 of 1997 convicting the appellant under Section 302, IPC and sentencing him to undergo imprisonment for life.

(2.) CASE of the prosecution, as unfolded during trial, is that on 01.01.1997 at about 9.30 PM when the deceased Archita Gadaba, who is the informant's father's younger brother, was washing his hands after taking the night meal, the appellant started quarrelling with him and threatened to kill him. Saying so, the appellant assaulted on the head of the deceased by means of an axe with which he was then armed causing severe bleeding injury. Due tosuch assault, deceased fell down on the floor and became senseless.The informant and others then shifted the deceased to RabanagudaPHC in that unconscious state. As the deceased did not regain hissense, the informant lodged FIR in Borigumma Police Station. Thecase was initially registered under section 307, IPC. But as thedeceased succumbed to the injury it was turned to one under Section302, IPC, investigation was taken up and after its completion charge-sheet was submitted against the appellant under section 302, IPC.