JAGANNATH PEDA Vs. SATE OF ORISSA

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order dated 23.8.1996 passed by the learned Sessions Judge, Koraput, Jeypore/Malkangiri, camp at Malkangiri, in Sessions Case No. 78 of 1995 convicting the appellant under section 302, I.P.C. and sentencing him to undergo imprisonment for life.

(2.) The case of the prosecution is that there was land dispute between the accused and the family of the deceased. Twenty days prior to the occurrence, when the deceased cut the branches of a Mohua tree standing on his own plot, the appellant picket up quarrel with him. On 16.11.1994 at about 4 p.m., the informant (P.W. 2). P.W. 4, P.W. 6 and the deceased were returning home each carrying paddy in Bhar. They were going one behind the other. On the way, the accused holding a tangia joined them. Near the Thakur Ghar Chhaka suddenly the accused gave a tangia blow aiming at the neck of the deceased. As the deceased was carrying a Bhar and the Bar Badi was on his shoulder, the tangia struck that Bhar Badi. Thereafter the appellant gave another tangia below which hit the right side neck of the deceased. The deceased threw the Bhar and pressing his would ran to his house. He fell on the doorway and succumbed to the injuries.

(3.) The plea of the appellant is one of complete denial of the allegations.