MAHALI EKKA Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this appeal, the sole appellant-Mahali Ekka calls in question his conviction under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as "Penal Code" for brevity) by the 2nd Adhoc. Addl. Sessions Judge, Sundargarh for committing murder of one Alexandar Khalko on 19.02.2003 and sentence to undergo imprisonment for life vide judgment dated 31.03.2005 in Sessions Trial No. 12/139 of 2003-2004.

(2.) The case of the prosecution is that on 19.02.2003 a feast was organized by one Birsa Ekka, wherein there was a quarrel between the appellant on the one hand and Budhuram Khalko and Lawrence Minz on the other hand concerning playing of a tape recorder. After the feast, the appellant out of anger brought an axe from his house and assaulted the deceased Alexandar Khalko causing bleeding injury on his head and he died. Father of Alexandar Khalko, namely, Chara Khalko lodged a report at Kanshabal Outpost at 12.30 A.M. in the night intervening 19.02.2003 and 20.02.2003. The Police thereafter, took up investigation and after taking all necessary steps for investigation submitted charge sheet under Section 302 of the Indian Penal Code.

(3.) The defence took a plea of complete denial.