ETA @ ETUA MINZ @ ORAM Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judg ment dated 26.6.2002 passed by the learned Additional Sessions Judge, Rourkela in Sessions Trial No. 120/29 of 1999 convicting the appellant under section 302 of the Indian Penal Code (for short'the Indian Penal Code) and sentencing him to undergo imprisonment for life.

(2.) PROSECUTION case in brief is that on 15.12.1998 during day time as' the hens of the accused eaten away the paddy of the informant, his wife (deceased) in a bid to scare them threw stones, as a result of which one of the hens died. When the accused -appellant demanded the hen, the informant side offered a different hen. The accused instead of taking it tried to kill one of the pigs of the informant. On being unsuccessful in his attempt, the accused assaulted the wife of the infrmant by means of a budia (axe) and fled away. As a result of such assault, the wife of the informant died. The informant along with others went to Bisra Police Station and reported the incident orally which was reduced to writing by the I.I.C. of the said P. S. vide Ext. 14. As it (Ext. 14) revealed a cognizable case, the I.I.C. (P.W. 13) drew up formal FIR and proceeded with the investigation. During the course of investigation, he visited the spot and prepared the spot map, examined the witnesses, held inquest over the dead body of the deceased and sent the same to Bisra PHC for postmortem. He also seized the incriminating materials and sent the same for chemical examination. On completion of investigation, he submitted charge -sheet against the accused -appellant under section 302 of the Indian Penal Code

(3.) THE plea of the appellant is one of complete denial and false implication. The prosecution in order to establish the charge examined as many as thirteen witnesses and relied upon documents marked Exts. 1 to 21. The defence examined none.