BUDU KHURA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal assails the order of conviction and sentence under Section 302, I.P.C. in S.C. No. 102/93 (S.C. No. 119/93) passed by the learned Addl. Sessions Judge, Jeypore directing the appellant to undergo R.I. for life for having caused the death of deceased Pitchu Khura.

(2.) THE prosecution case, in short, is as follows : The appellant was staying in village Singha Mundi which was about two miles away from the village of the deceased. On 31.12.1992 at about 10 A.M. the deceased came to the house of the appellant and asked him to pay Rs. 100/ - to meet the delivery expenses of his wife. The appellant refused to pay such money and abused the deceased in filthy language. The deceased had, thereafter, removed a paddy bag from the house of appellant. Immediately thereafter a quarrel ensued between them and the appellant being incensed by anger inflicted a blow by means of a bamboo lathi, as a result of which the deceased sustained bleeding injuries on his head and sometime thereafter collapsed on account of such injury. The appellant thereafter took the dead body on a cot lying at the outer verandah of his house. P.W. 1 described the incident before the village Headman Nilambar Kotadganda (P.W.5). P.W.5 went and saw the dead body lying on a cot at the outer verandah of the appellant's house and there were bleeding injuries on his head. It was further noticed that the blood was oozing out from the nose of the deceased. On the following day at 12.45 P.M. P.W.5 submitted a written report vide Ext. 6 before the O.I.C., Muniguda P.S. on the basis of which a case was registered and investigation was carried on. On completion of investigation, the appellant was prosecuted under Section 302, I.P.C. and the Investigating Officer had also submitted charge sheet in this case.

(3.) IN order to substantiate the charge of murder, the prosecution had relied upon the evidence of two eye -witnesses P.Ws. l and 2, P.Ws.3 and 4 are the post -occurrence witnesses, of whom P.W. 3 is also a seizure witness. P.W. 5 was the informant. P.W.6 is the Doctor conducting autopsy over the dead body of the deceased Pitchu Khura, P.W.8 is the I.O.