RABI KHARA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 29.01.2000 passed by the learned Additional Sessions Judge, Jeypore convicting the appellant under Section 302 of the Indian Penal Code and sentencing him to undergo imprisonment for life in Sessions Case No.05 of 1998.

(2.) THE case of the prosecution, in short, is that on 03.06.1997 evening P.W.1-Abhi Suna and his father (deceased) had been to village Landiguda to settle a dispute with the appellant. At that time, the appellant was not present in his house. It is alleged that the appellant lodged a report against the deceased on that day alleging that the deceased has committed theft of Bhalia for which the Police came to the house of the deceased for apprehending him. Both P.W.1 and deceased waited for the appellant sitting on the verandah of Jhilibandhu Paraja. At about 8 P.M. the appellant, Laikhan Khara, Saheb Kuna, Moti Khara, Somari Khara and Hari Suna came near the house of that Paraja and picked up a quarrel with the deceased. All the accused persons caught hold of the hands and legs of the deceased and the appellant caught hold of the hair of the deceased, twisted his head backwards and cut his throat by means of kati, as a result of which the deceased fell on the ground facing downwards. THEn the appellant gave another blow by means of an axe on his back. P.W.1, the son of the deceased protested against their action for which Sadheb Suna chased him to assault by means of stone. P.W.1 concealed himself behind a big stone and spent the entire night there. On the next morning, he came and narrated the entire incident to his mother (P.W.8), who in turn reported the same to P.W.7. THEreafter, P.W.7 lodged an information before the O.I.C., Koraput P.S., who on receipt of the same registered the case, and took up investigation and ultimately submitted charge sheet against the present appellant along with five others under section 302/34 of the Indian Penal Code.