RUPA TIRIYA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant, who has been convicted by the Additional Sessions Judge, Rairangpur under Section 302 I.P.C. in S.T. Case No.36/144 of 2000 and sentenced to undergo imprisonment for life, has preferred this appeal from jail.

(2.) THE case of the prosecution, as narrated in the F.I.R. (Ext.1), is that on 16.03.2000 at about 5.30 PM, when the informant (P.W.1) was in his house, Sumitra Tiriya (P.W.3), the wife of the deceased, came and told him that the appellant committed murder of her husband by pounding his head with a stone. When he asked the reason for such assault, she told that on the previous day, i.e., on 15.03.2000, her husband and nephew Niranjan Tiriya had plucked some tamarind from their common tamarind tree and also cut some branches, which were creating obstacles in cultivation of their land. For this, the appellant being enraged had threatened to kill the deceased.

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