SANIA SISA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Jail Criminal Appeal is directed against the judgment and order of conviction dated 08.10.1999 passed by the learned Additional Sessions Judge, Malkangiri in S.C. Case No. 13 of 1999 (Sessions Case No. 113/96 of Sessions Judge, Jeypore) convicting the Appellant under Sections 302 I.P.C. and sentencing him to undergo imprisonment for life.

(2.) The case of the prosecution is that on 10.1.1996 at about 11:00 AM, the informant (P.W.1) came to Mudulipada Police Station and reported orally that on 9.1.96 at about 8:00 PM, Hadi Kirsani, Hadi Sisa and Mangala Sisa quarrelled with each other. Hadi Sisa and Mangala Sisa chased Hadi Kirsani to kill by holding bow and arrow. Hearing hullah, the deceased came out of his house and at that time Hadi Sisa shot an arrow aiming at him which pierced his chest. Hearing hullah of the deceased 'Bhai Marigali, Marigali', the informant came immediately and found the arrow pierced Sania Sisa v. State of Orissa ( P. Mohanty, J. ) on the chest of his brother and both Hadi Sisa and Mangala Sisa fleeing away. The informant removed the arrow from the chest of the deceased and gave water to him but, immediately the deceased succumbed to the injury. Since the occurrence took place in the night, the informant could not come to PS and on the next day at about 11 AM, he came and reported the matter at P.S. The Officer-in-Charge of Mudulipada P.S. reduced the oral report of the informant to writing, drew up formal FIR, registered the case and took up investigation. After completion of investigation, he submitted charge sheet against the accused Under Section 302 IPC.

(3.) The plea of the Appellant is of complete denial of the allegations.