CHAITA @ BAJINATH MAHALI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Jail criminal appeal is directed against the judgment dated 29.4.2002 passed by the learned Sessions Judge, Mayurbhanj, Baripada in Sessions Trial Case No. 15 of 2000 convicting the appellant under section 302, I.P.C. and sentencing him to undergo imprisonment for life.

(2.) The case of the prosecution, as narrated in the F.I.R. (Ext. 1), is that on 12.9.1999. the informant (P.W. 1), who at the relevant time was the Grama Rakhi of village Asankudar, appeared at Thakurmunda P.S. and verbally reported that on 11.9.1999 he invited some of his relatives to his house for consuming Handia in the evening on the occasion on NUAKHAI. Some villagers including the appellant came to his house to participate in the function. By the time the informant offered Handia to the villagers, the appellant already went to his house after consuming Handia. At about 8.00 p.m., the deceased-Sankandra Mahali, who was taking Handia by facing towards the door of the informant, shouted that the appellant had shot an arrow at him. All the villagers went there and found an arrow pierced on the neck of the deceased. The deceased pulled out the arrow from his neck and started to struggle for his life. P.W. 10. the officer-in-charge of the P.S., reduced the same to writing, registered the F.I.R. and proceeded with the investigation. During the course of investigation, he held inquest over the dead body of the deceased and sent the same for post-mortem examination, apprehended the appellant, seized the arrow from the spot and recovered the bow from the appellant and after completion of the investigation, filed charge-sheet against the appellant, under section 302, I.P.C.

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