PITAMBARA GOUDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal from jail is directed against the judgment dated 24.7.2002 passed by the learned Sessions Judge, Kalahandi -Nuapada, Bhawanipatna in Sessions Case No.15 of 2001 convicting the appellant and sentencing him to undergo imprisonment for life under section 302 I.P.C. for having committed murder of deceased Raghunath Dandasena.

(2.) OCCURRENCE took place on 1.8.2000 in the evening. Deceased belonged to village Siriliguda. Appellant belongs to occurrence village Bandelguda. Prosecution case is that on the date of occurrence at about 7.30 P.M. informant P.W.1, who happens to be Ward Member of the occurrence village, was present in his house, P.W.3 and his nephew P.W.6 hurriedly came to his house and told that the deceased while returning from their village Bandelguda after arranging labourers, shouted from nearby bridge that he was being killed ( DHANRE PARSU MATE MARIDELA). Hearing his shout P.W.3 and his nephew P.W.6 rushed to the spot and saw that the appellant was dealing successive tangia blows on the deceased. Co -accused persons Surendra Pujhari and Chhaturbhuja Sunani, who also faced trial along with the appellant, were standing nearby. Out of fear P.Ws.3 and 6 could not venture to go near the deceased. While returning, they saw the appellant holding tangia and the co -accused persons running away from the spot. P.W.1 called some of his covillagers before whom P.Ws.3 and 6 narrated the occurrence.

(3.) CONSIDERING the materials on record charge under section 302 I.P.C. was framed against the appellant and under section 302 read with 34 I.P.C. and under section 109 read with 34 of I.P.C. against the co -accused persons.