LABA GOUDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of sentence dated 25.07.2003 passed by learned Sessions Judge, Koraput -Jeypore in Criminal Trial No. 36 of 2002 convicting the appellant under Section 302, I.P.C. and sentencing him to suffer imprisonment for life and to pay fine of Rs.2,000/ - (two thousand), in default, to suffer R.I. for one year more.

(2.) A compendium of the prosecution case is as follows : - The occurrence happened at about 8.00 P.M. on 20.05.2002 in front of the house of accused -appellant Laba Gouda at village Purnabeda under Boipariguda P.S. in the district of Koraput. Lokanath Gouda (P.W.4), who happens to be the brother of deceased Ratna Gouduni, is the informant in this case. It is alleged in the F.I.R. that at about 8.00 P.M., the niece of the informant Lokanath Gouda (P.W.4) came running to his (informant's) house and intimated that her mother has died. P.W.4 and his other brothers namely Laba Gouda (not examined) and Jagannath Gouda (not examined) rushed to the spot. They found one Sanadhar Barik to be present there. On seeing her brothers, deceased Ratna told that she had given Rs.10/ - (ten) to the appellant Laba Gauda and when she demanded that money near the house of the appellant, the appellant became furious and pierced an arrow into her chest. They saw blood coming out of the wounds near the chest of the deceased. They brought her to the house. In the mid night the deceased Ratna succumbed to the injuries. On the next day investigation was taken up on the basis of the F.I.R. lodged by Lokanath Gouda (P.W.4).

(3.) PROSECUTION has examined nine witnesses to prove the charge. Admittedly, there is no eye -witness to the occurrence. P.W.1 is the Scribe of the F.I.R. vide Ext.1 lodged by P.W.4. P.W.3 is the witness to the seizure of the arrow (M.O. -I) from the house of the appellant. P.W.6 is a witness to the inquest on the dead body of the deceased. P.Ws.2, 4 and 7 are witnesses to the oral dying declaration by the deceased before them and extra judicial confession by the appellant before them. P.W.5 is the witness to a part of the occurrence. P.W.8 is the Medical Officer, who conducted autopsy on the dead body of the deceased and P.W.9 is the I.O.Defence plea is one of complete denial, but none was examined by the defence.