SARAT NAIK Vs. STATE

JUDGEMENT

(1.) THE Appellant having been convicted under Section 302, Indian Penal Code, and having been sentenced to rigorous imprisonment for life has preferred this appeal from jail.

(2.) THE prosecution case, briefly stated, is that on 25 -4 -1985 at 5 p.m. in village Gopinathpur while the deceased along with P.Ws. 3 and 5 and some others was grazing goats, the deceased went to drink water. While he was returning back to the grazing ground, the accused throw some mud clay at the deceased which struck the back of the deceased. The deceased fell down on the ground. The deceased was holding a small axe (Budia) in his hand which also fell down. The accused then picked up the axe, dealt two or three blows on the head left the place after throwing the axe there P.W. 1, the uncle of the deceased, came to know about the occurrence and then submitted a report on the next day at the police station which was treated as F.I.R. (Ext. 1). The Police then registered the case and started investigation. After completion of the investigation the police submitted charge sheet against the accused. On being committed the accused stood his trial.

(3.) PROSECUTION examined 9 witnesses of whom P.W. 1 is the informant and P.W. 2 is the eye witness to the occurrence; P.Ws. 3, 4 and 5 are said to have seen a part of the occurrence; P.W. 6 is a seizure witness and P.W. 7 is the Investigating Officer; P.W. 8 is the doctor who conducted the post -mortem examination over the dead body and P.W. 9 was in charge of the Dog Squad who had taken the dog to the place of occurrence which dog after taking a smell from the axe went to the house of accused Sarat Naik. The said P.W. 9 had submitted a report which is Ext. 13.