ARJUN PANGI Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellant has been convicted and sentenced to life imprisonment for committing murder of his neighbour, by the learned Additional Sessions Judge (FTC), Malkangiri in Criminal Trial No.21 of 2010.

(2.) Prosecution case in brief is that, both Appellant and deceased were residents of village Haripur under Chitrakonda P.S. in the district of Malkangiri. On 29/11/2009 in the morning at around 8 am when the Appellant in an angry mood was standing in front of the house of his sister-in-law Kamala Khilla holding a wooden mortar (Musala), the deceased who is a neighbour to the house of both Kamala Khilla and the Appellant, tried to persuade the Appellant to cool down, but he dealt blows on the head of the deceased by that wooden mortar causing bleeding injuries. The deceased died subsequently in the hospital.

(3.) The wife of the deceased namely, Gasu Sahu (P.W.1) lodged the F.I.R. (Ext.6). P.W.12, the then Sub-Inspector of Police, registered the F.I.R. as Chitrakonda P.S. Case No.22 dtd. 29/11/2009 and took up investigation. He seized the mortar (M.O.I) from the spot on the same day and also arrested the Appellant. On the next day, he held inquest over the dead body and sent it for post mortem examination. P.W.11, the Surgeon of District Headquarters Hospital, Malkangiri conducted the autopsy and submitted his report under Ext. 4. The charge-sheet was submitted on 27/3/2010 for the offence under Sec. 302 of the Indian Penal Code (IPC).