SAMIRA DEHURY Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of sentence dated 14.08.2003 passed by learned Ad hoc Additional Sessions Judge (II), Dhenkanal in Sessions Trial Case No.3 of 2003 / Sessions Trial Case No.1 of 2003 convicting the sole appellant under Section 302, I.P.C. and sentencing him to suffer imprisonment for life.

(2.) THE occurrence happened in the afternoon of 20.05.2000 on the land near Chhakadia Bila of village Barapada under Dhenkanal Sadar P.S. Deceased Nirmala Ram @ Hagara by alleged overt act of the sole appellant died of gun shot injury caused by (M.O. -I). Informant (P.W.11), who happens to be the uncle of the deceased, lodged the F.I.R., on the basis of which investigation was taken up. On completion of investigation, the Investigating Officer (P.W.14) submitted charge -sheet against the present appellant Samira Dehury implicating him in offence under Section 302, I.P.C. read with Section 25(i) B/ 27(3) of the Arms Act and one Kailash Dehury (since acquitted) implicating him in offence under Section 25(i) -B/27(3) of the Arms Act.

(3.) PROSECUTION has examined fourteen witnesses to prove the charge. Out of whom P.Ws.1, 2 and 3 are the eye witnesses; P.Ws.5 and 6 are the seizure witnesses; P.W.13 is the Medical Officer, who conducted the postmortem examination; P.W.12 is the younger brother of the deceased and P.W.14 is the Investigating Officer. Some witnesses to peripheral facts like seizure, etc. are P.Ws.4, 8, 9 and 10.