SAMA KIRSANI Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this appeal the convict assails correctness of the judgment dated 31.7.2012 in Sessions Case No. 127/149 of 1999 of the Court of Additional Sessions Judge, Malkangiri.

(2.) The case of the prosecution, bereft of all necessary details, is that on 10.1.1999, at about 7.00 p.m. the appellant-Sama Kirsani along with one Buda Badanaik of Bondapadda had come near the house of the informant . Deceased Sukra Kirsani, who happens to be the brother of Hadi Kirsani, was present there. Buda Badnaik asked for some tobacco from deceased Sukra Kirsani. Sukra Kisani gave some tobacco to him, at that time, the appellant, all on a sudden, shot an arrow from his bow saying why the deceased had assaulted his cousin-Sonia a year before. After shooting the arrow, the appellant fled the spot. As a result of such attack the arrow pierced into the left side chest of the deceased-Sukra Kirsani. A report was lodged before the O.I.C. of Mudulipada Police Station. The deceased was shifted to the hospital with the arrow pierced to his chest, but he died as a result of such injury. The Investigating Officer after completion of investigation submitted charge-sheet against the appellant under section 302 of the Indian Penal Code, 1860, hereinafter referred to as the 'I.P.C.' for brevity. The defence took the plea of simple denial and false implication.

(3.) In order to prove its case, the prosecution has examined 11 witnesses. Out of whom. P.W. 3-Hadi Kirsani is the informant and alleged eye-witness to the occurrence, P.W. 4- Buda Badnaik is also relied upon as eye-witness to the occurrence, P.W. 5-Sambari Kirsani, P.W. 6-Buda Kirsani, P.W. 7-Hadi Sisa and P.W. 8-Mangala Sisa are the post-occurrence witnesses. P.W. 9-Sonia Kirsani is a witness to the seizure of the arrow. Rest of the witnesses are official witnesses. P.W. I is the doctor. who conducted post-mortem on the dead body of the deceased, which was identified by P.W. 2, a police constable. P.W. 10-Madhaba Chandra Bhanja and P.W. 11-Sarbeswar Nayak are the Investigating Officers of the case.