KANDARA MAJHI Vs. STATE

JUDGEMENT

(1.) BY the impugned judgment and order passed by the learned Sessions Judge, Phulbani, appellant has been convicted under section 302 of the I.P.C. and sentenced to undergo imprisonment for life.

(2.) APPELLANT is deceased Kali Majhi's younger brother. Deceased was Sarpanch of Durgapanga Grama Panchayat during the period of occurrence. Occurrence took place during summer on 20.5.1999 at about 9 P.M. in front of deceased's house. Case of the prosecution is that the deceased was sitting on a cot and gossiping with his nephews and the appellant was also sitting on a cot in front of his house situatednearby. Deceased requested the appellant to give some liquor which he had prepared. Appellant told that he would not give any liquor to the deceased; abused him in obscene language and threatened to kill him.

(3.) IN his statement recorded under section 313 Cr.P.C.,appellant took the plea of complete denial and false implication. However, in course of cross -examination of informant P.W.1 it was suggested that in course of physical tussle with the appellant deceased sustained fatal injuries. That apart, appellant appears to have taken plea of alibi by examining D.W.1 who deposed that appellant had gone outside to work as labourer on the date of occurrence. 3. In order to substantiate the charge, prosecution examined as many as 10 witnesses out of whom P.Ws. 1,2,6,7,8,9 and 10 have already been introduced. P.Ws.3,4 and 5 are witnesses to seizure.