HADI SISA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 06.02.2002 passed by the Additional Sessions Judge, Malkangiri in Sessions Case No.70 of 1999 convicting the appellant under Section 302 IPC and sentencing him to undergo imprisonment for life.

(2.) THE case of the prosecution, in short, is that on 20.05.1997 at about 11.00 AM the appellant was cutting a bamboo by tangia. The deceased (Soma Muduli) came and asked him as to why he is cutting bamboo without his permission. At this, the appellant threatened to murder him by the said evening and saying so went towards the jungle to take salap (liquor). In the evening, when the deceased, after some discussion with his elder brother -Hadi Muduli, was returning to his house, the appellant who had concealed himself with bow and arrow, shot an arrow at the deceased. The said arrow pierced into the right side of the chest of the deceased, for which he shouted to have been shot by the appellant. Hadi Sisa (P.W.5) and one Chhaniki Sisa, who had witnessed the occurrence and identified the appellant, tried to pullout the arrow but its iron portion remained sticking into the body and the deceased succumbed to the injury. On the next morning, a meeting was convened in the village, the dead body of the deceased was brought to Mudulipada Police Station where P.W.2 orally reported the incident which was reduced to writing by P.W.11. Consequent upon such report, police registered the case, held inquest over the dead body of the deceased and sent the same for post mortem, seized the incriminating materials and after completion of the investigation filed charge sheet against the appellant under Section 302, IPC.

(3.) TO bring home the charge, prosecution examined as many as twelve witnesses including the doctor and the I.O. and exhibited thirteen documents. The defence did not choose to adduce any oral or documentary evidence.