NACHIKA DERUKU Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is an appeal preferred from Jail by the appellant challenging the judgment dated 22.1,1994 passed by the learned Sessions Judge, Koraput -Jeypore in S.C. No. 46/93 convicting him under Section 302, I.P.C. and sentencing him to undergo R.I. for life.

(2.) CASE of the prosecution is that on 12.11.1992 while one Nachika Samudu (informant) of village Palaputu was in his house, accused Nachika Deruku of his village came and told him that in the night of 10.11.1992 due to quarrel with his wife Bamuni, he assaulted her out of anger by means of a thenga and an axe as a result of which she fell down unconscious in their house. In the following morning he saw her dead. After much thought whether he would disclose the incident to his relations in the village, he told his father and thereafter to the informant and others that he killed Bamuni (deceased). On hearing the incident, the informant along with Laxman Khara, Sindir Mandingi, D. Sukur went to the house of the accused and found the deceased lying dead. There also the accused told them that he killed 'the deceased due to quarrel by means of a thenga and an axe. Thus after the matter was discussed in the village, the informant lodged information in Narayan Patna Police Station. Basing on the said information Narayan Patna R.S. Case No. 48/92 was registered. During investigation, the investigating Officer visited the spot, held inquest over the dead -body of the deceased, seized all the incriminating materials, sent the dead -body for post mortem examination and placed charge sheet ultimately against the accused on completion of investigation in all respects.

(3.) FOR proof of the charge against the accused evidence of twelve witnesses has been pressed into service. P.W. 1 is the informant. P.W. 2 is Nachhika Teli, P.W. 3 (Huika Masuri) is a witness to the inquest held on the dead -body of the deceased. P.W. 4 (Naga Bansa Govinda) is a witness to frequent quarrel between the accused and the deceased. P.W. 5 (Loha Subudhi) is a witness to the seizure of weapons of offence and a mat. P.W. 6 is the brother of the deceased. P.Ws. 7 and 8 are the hostile witnesses. P.W. 9 is scribe of the F.I.R. (Ext. 1). P.W, 10 is a Police Constable attached to Narayan Patna Police station. P.W. 11 is the Medical Officer, who conducted the post -mortem examination on the dead -body of the deceased whereas P.W. 12 is the Investigating Officer, who after completing investigation submitted charge sheet against the accused.