JAKAKA DAMA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal at the instance of the appellant Jakaka Dama is directed against the order dated 13.5.1993 passed by the learned Additional Sessions Judge, Jeypore, in Sessions Case No. 36 of 1992. By the said order, the appellant has been convicted under Sections 302 and 323 of the Indian Penal Code (for short 'IPC') for committing the murder of Jakaka Lachi and for voluntarily causing hurt of Jakaka Arja. He has been sentenced to undergo imprisonment for life for the offence under Section 302 IPC and rigorous imprisonment for six months for the offence under Section 323, IPC.

(2.) THE skeletal picture of the prosecution story as stated in the trial court's judgment is as follows : The appellant and one Jakaka Jiramajhi had gone to the house of the deceased on 25.1.1992 at about 8 P.M. and assaulted Jakaka Arja by means of a yoke. It is stated that when the deceased Jakaka Lachi raised severe protest and asked the appellant and his associate not to assault her husband, both of them attacked Jakaka Lachi and her son P.W..2. The appellant is said to have inflicted injuries by means of a lathi on Jakaka Lachi as a result of which she immediately collapsed. The matter was reported at the Narayanpatna Police Station on 26.1.1992 at 10.15 P.M. P.W. 9, the A.S.I, of Police of the said police station reduced the oral report to writing, treated the same as F.I.R. registered it as Narayanpatna P,S. Case No. 7 of 1992 under Section 302/323/34, IPC and immediately sprang into action. In course of investigation, he visited the spot, held inquest over the dead body of Jakaka Lachi, despatched the dead body for post - mortem examination, seized the weapon of offence, and issued requisition for medical examination of the injured, Jakaka Arja, P.W. 7. Then he made over charge of Investigation to the Officer -in -charge, P.W. 8. The Officer -in -charge, Narayanpatna Police Station arrested the appellant and his associate and submitted charge -sheet under Section 302/34, IPC and 323/34, IPC against them.

(3.) IN order to substantiate its case, prosecution examined as many as ten witnesses. P.Ws. 2, 3 and 7 are said to be the eyewitnesses to the occurrence and P.W. 4 is a post - occurrence witness. P.W. 1 is a witness to the seizure, P.W. 5 is a witness to the inquest. P.W. 6 is the doctor who conducted post - mortem over the dead body of the deceased and P.W. 10 is the doctor who examined the injured (P.W. 7) on police requisition. P.Ws. 8 and 9 are police officers.