SOMANATH PATIKA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 19.07.2003 passed by learned Ad - hoc Additional Sessions Judge, Gunupur in Criminal Trial No.24 of 2002 convicting the appellant under Section 302, I.P.C. and sentencing him to suffer imprisonment for life.

(2.) THE occurrence happened at about 11.00 P.M. on 25.06.2001 in front of the house of the deceased. The appellant and the deceased are brothers by village courtesy. Some days back the appellant had taken an axe from the deceased, which he (the appellant) did not return. For that reason, the appellant was frequently passing caustic comments against the appellant saying that he is a thief. At the relevant time of occurrence, the appellant came near the house of the deceased; challenged the deceased regarding the caustic comment he used to pass against him and all of a sudden assaulted the deceased with a knife causing his death. On the basis of the F.I.R. lodged by P.W.3, investigation was taken up and after completion of investigation, charge -sheet was filed implicating the appellant in offence under Section 302, I.P.C.

(3.) THE prosecution examined nine witnesses to prove the charge. P.Ws.3, 6 and 8 are the eye witnesses to the occurrence. P.W.5 is a witness to the extra judicial confession made by the appellant but he has turned hostile on this aspect. P.W.7 along with P.W.5 are witnesses to seizure of the knife (M.O. -I) at the instance of the appellant. P.W.1 is the Medical Officer, who conducted autopsy on the dead body of the deceased. P.W.2 is the Medical Officer, who collected the nail clippings etc. of the appellant. P.Ws. 4 and the Investigating Officers.