DURJODHAN SARDAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE present appellant was tried for committing offence Under Section 302 of the Indian Penal Code. The Sessions Judge, Keonjhar found him guilty Under Section 302, l.P.C. and sentenced him to undergo imprisonment for life. Being aggrieved the appellant has filed the present appeal from jail.

(2.) THE prosecution case, inter alia, is : The accused Durjodhan is distantly related to the deceased Bihari Sardar. The accused wanted to marry Binita, a daughter of the deceased and put vermilion on her forehead. The deceased objected to the same and also assaulted the accused at that time. At about 8 P.M. on May 17, 1992 the deceased was sleeping on a Khatia in the courtyard of his house. His son Rasananda was teaching his sisters Rina and Sailendri. His wife and another daughter Binita were present there. The accused stealthily entered into the courtyard with a knife and pierced it, into the left side of the body below the arm -pit of the deceased. Rasananda chased the accused. The deceased also followed him, but fell down after proceeding to some distance. Rasananda could not catch the accused. The deceased was carried back home. He ultimately succumbed to the injury. F.I.R. was lodged vith the local police station on the same night. The accused was not found in his house. Ultimately, he was arrested in the village Panposhi. On the basis of his statement the weapon of offence (M.O. I) was recovered from the back -yard of the house of his sister in the village Handibhanga.

(3.) THE prosecution has examined as many as eight witnesses to prove the charge. Out of the witnesses P.Ws. 1,2,3 and 5 are the eye -witnesses. P.W. 4 is the Medical Officer who conducted the post mortem examination and issued the post mortem Examination Report (Ext. 1). P.W. 6 is witness to the arrest of the accused and his statement leading to recovery of the weapon of offence and recovery thereof. P.W. 8 is the investigating officer. P.W. 7 is a post occurrence witness who went to the place of occurrence immediately after the incident and ultimately lodged the F.I.R. with the police.