POTAL @ JAGADISH DORA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 11.12.1997 passed by the learned 2 nd Additional Sessions Judge, ,Cuttack in Sessions Trial No.476 of 1996 convicting the appellant and sentencing him imprisonment for life under section 302 of the Indian Penal Code (for short, the I.P.C.) for having committed murder of deceased Tukuna @ Sanyasi Dora.

(2.) APPELLANT is deceased's brother's son. P.W.5 is deceased's son. P.Ws. 6 and 7 are two wives of the deceased. Occurrence took place on 21.5.1995.

(3.) PROSECUTION case is that about a month prior to the occurrence appellant had burnt a motorcycle belonging to the deceased for which appellant agreed to pay Rs.2000/ - towards damage. On the date of occurrence at about 2 P.M. when the deceased asked the appellant to pay the amount, appellant refused to oblige for which both of them quarreled and thereafter appellant left. At about 5 P.M. when appellant's father Rama Chandra Dora returned home, deceased wanted him to pay amount and again there was quarrel between the appellant's father and the deceased. At this juncture, appellant came from his house situated nearby being armed with knife M.O.I and dealt blows on the deceased's neck, belly, chest and back. Deceased fell down on the ground and succumbed to the injuries. On the basis of written report submitted by P.W.5 at Purighat Police Station, F.I.R. was registered and investigation as taken up. On completion of investigation, charge -sheet was submitted against the appellant and his father co -accused Rama Chandra Dora for commission of offence under section 302 read with 34 of the I.P.C.