MANGLU KIRSANI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS jail criminal appeal is directed against the judgment and order dated 4.5.2000 passed by the Additional Sessions Judge, Malkangiri in Sessions Case No.77 of 1999 (S.C.No.34/98 of Sessions Judge,Koraput -Jaypore) convicting and sentencing the appellant to undergo imprisonment for life under section 302 of the Indian Penal Code ( for short, the I.P.C.). for committing murder of deceased Mangala Kirsani.

(2.) PROSECUTION case is that on 19.9.1997 at about 7.30 P.M. Mangala Kirsani appeared before P.W.6, O.I.C. of Mudulipada Police Station and orally reported that at about 5.00 P.M. while he was goingtowards Dangara, in the middle of the village the appellant abused and threatened him saying that he would not spare the deceased. Thereafter the appellant brought out knife M.O.I from his waist, stabbed on the deceased s belly and left the place with M.O.I. P.W.6 reduced the oral report of the deceased into F.I.R. Ext.5 and registered the case under section 307 of the I.P.C. Deceased was sent to Khoirput Hospital. As his condition became serious he was sent to Jeypore and he died on the way. In course of investigation P.W.6 examined witnesses and effected seizure of articles including knife M.O.I. On completion of investigation, charge -sheet was submitted against the appellant under section 302 of the I.P.C.

(3.) APPELLANT took plea of complete denial.