LABANYA @ JADUBALA PATRO Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of sentence dated 04.07.2005 passed by learned Sessions Judge, Kalahandi -Nuapada at Bhawanipatna in Sessions Case No.35 of 2004 convicting the appellant under Sections 302/323 I.P.C. and sentencing him to suffer imprisonment for life and to pay a fine of Rs.3,000/ - in default R.I. for further period of six months for offence under Section 302 I.P.C. and R.I. for six months for offence under Section 323 I.P.C.

(2.) THE occurrence happened on 2.9.2003, the day following 'Nuakhai'. It was 2.30 P.M. The informant (P.W.1) andhis two brothers, i.e., the present appellant and the deceased along with others had gone to the house of Kurukhetra Patra (P.W.2) for observation of "Basi Parba" (day following 'Nuakhai'). When they were taking food, the appellant in an inebriated state threatened the informant (P.W.1) to kill him and when he (P.W.1) protested, the appellant assaulted him with Kick and fist blows. The deceased protested to such action of the appellant. Being enraged, the appellant chased the deceased.

(3.) THE prosecution has examined seven witnesses to prove the charge. P.Ws.1, 2, 4, 5 and 6, who are supposed to have thrown light on the point of implication of the appellant so far as the fatal assault is concerned, did not support the prosecution case leaving the prosecution to fall back upon the circumstantial evidence. Besides the aforesaid witnesses, P.Ws.3 is the Medical Officer, who conducted the post -mortem over the dead body of the deceased and examined other injured witnesses, namely, Gora Patra (P.W.1) and Sudam Patra (P.W.5). P.W.7 is the I.O.