MALIA PENTHEI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant, who was the accused in Sessions Trial No. 127 of 1987, has challenged the validity, legality and propriety of the judgment/order dated 23.2.1988 passed by the learned Sessions Judge, Sundargarh convicting him under Section 302 of the Indian Penal code, in short, 'IPC' and sentencing him to undergo imprisonment for life.

(2.) BEREFT of unnecessary details, the prosecution story is as follows : On 30.4.1987 one Kastu Penthei (P.W. 3), cousin brother of the accused Malia Penthei while consuming Baula fruits inside Baidihi Jungle, found one bear lying dead. On the following morning, i.e., on 1.5.1987, the appellant and P.W. 3 alongwith two others, namely, Jaya and Panu brought the dead bear from the jungle and butchered it under a mango tree of village Khajurdihi between 12.00 noon and 2.00 P.M. The female folk of the village while passing through that way strongly objected to their act, as it was emitting obnoxious smell. Jaya and Panu left the place on account of the protest raised by the female members whereas the appellant and P.W. 3 paying no heed to the protest, continued to cut the head of the dead bear with an axe of Dadu. At this juncture, the deceased Ganeswar Lohar was passing through that way on a bicycle which dashed against P.W. 3 (Kastu) as a result of which the latter fell down on the ground. The appellant took exception to such incident. There was exchange of words between the appellant and the deceased and in course of such altercation the appellant is said to have dealt a blow by the sharp edge of the axe (M.O.I) on the back side of the deceased. He immediately fell down then the there from the bicycle and the appellant gave a second blow with the axe on the neck of the deceased. By receiving such injuries the deceased immediately collapsed.

(3.) THE plea of the appellant was one of denial of the occurrence.