DOBULU DHANGADA MAJHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant having been convicted for commission of the offence under Section 302 of the Penal Code and sentenced to undergo imprisonment for life by the Additional Sessions Judge, Jeypore, camp Malkangiri, has preferred this appeal.

(2.) The case of the prosecution is that the informant P.W.1 was taking the cow of the appellant to the jungle for grazing. On one such day there was a fracture in the leg of the cow of the appellant and the appellant insisted for giving a new cow. The informant accordingly gave him a good cow and also a goat. The appellant not being satisfied forcibly took away a white bullock from the house of the informant at about 6 p.m. on 3-10-1992. The elder brother of P.W.1 deceased Buda Dhengada Majhi, coming to know about the said incident asked the appellant near his house as to why he brought the bullock from the cowshed of P.W.1 and on being questioned the appellant stabbed the deceased by means of a knife and fled away with the knife from the spot. The deceased after sustaining bleeding injury on the abdomen due to the blow given by the appellant by means of the knife, shouted for help and hearing his voice P.Ws. 1, 2 and 4 and some others came to the spot and found the deceased lying on the ground with bleeding injury on his abdomen. In presence of these witnesses the deceased stated that he had been assaulted by the appellant by means of a knife. Thereafter the deceased was carried by the said witnesses to his house. One or two hours thereafter the deceased succumbed to the injury. P.W.1 lodged the F.I.R. on the next day morning on the basis of which investigation was taken up and charge-sheet for commission of the offence under Section 302 of the Penal Code was submitted by the Investigating Officer.

(3.) Eight witnesses were examined on behalf of the prosecution, but the defence did not examine any witness. The plea of the appellant was one of denial of the prosecution case and in his examination under Section 313 of the Code of Criminal Procedure he stated that he has been falsely implicated in the case.