BABULA GOMANGO Vs. STATE OF ORISSA

JUDGEMENT

(1.) PRADIP MOHANTY, J 1. This Jail criminal appeal is directed against the judgment and order dated 16.08.2003 passed by the learned Sessions Judge, Ganjam -Gajapati, Berhampur in S.C. No.385 of 2002 convicting the appellant under Section 302, IPC and Section 25 (1 -B) (a) of the Arms Act and sentencing him to undergo Imprisonment for life for the offence under Section 302 IPC and rigorous imprisonment for one year for the offence under Section 25 (1 -B) (a) of the Arms Act.

(2.) THE prosecution case is that accused -appellant is the cousin of the informant. He was working in Madras as a labourer. There, as he sustained fracture of his leg, he (accused -appellant) returned to his village. During his stay in his village he again suffered from thyroid and epilepsy. The accused -appellant was suspecting that the informant's (P.W.1's) father (deceased) had played sorcery on him for causing such diseases. Fifteen days prior to the occurrence, the accused -appellant had quarrelled with the informant for the same reason and had given threat to kill the deceased. The matter was reported before the village gentlemen and it was to be decided on a Sunday of February, 2002. On the date of occurrence, i.e., 23.02.2002, the accused -appellant came to the thrashing floor located at Asinasahi and enquired about the deceased. He also asked the wife of the informant about the deceased. On that day at about 5.30 P.M., the deceased with his grandson (P.W.2) went to collect 'Salap Ras'. At about 6.00 P.M., the informant heard a gun shot. Thereafter, P.W.2 came running and informed him (P.W.1) that accused appellant had killed his grandfather by firing from his gun. Immediately, the informant (P.W.1) went there and saw his father lying dead being shot at his face. Out of fear he immediately left Asinasahi and went along with his family members to the house of the sister of his father located at Kumbhar Dalli and stayed there that night. On the next morning, he came, to Tasarang and narrated the occurrence before the villagers. Then the villagers came to the spot along with the informant and saw the deceased lying dead with gun shot injury. While some of the villagers guarded the dead body of the deceased, the informant along with the ward member and other co -villagers went to Khariaguda Outpost and lodged a written report, on the basis of which a case was registered and investigation commenced. On completion of investigation chargesheet was submitted under Section 302, IPC and Section 25 (1 -B) (a) of tile Arms Act against the accused -appellant and thereafter trial commenced.

(3.) AFTER conclusion of the trial, the learned Trial Judge basing upon the evidence of the two eye witnesses and other incriminating materials such as the recovery of the gun and the disclosure statement of the accused -appellant found the accused -appellant guilty and convicted him under Section 302, IPC and Section 25(1 -B) (a) of the Arms Act and sentenced him as already indicated hereinbefore.