RAJU MELLAKA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS jail criminal appeal is directed against the judgment and order dated 12.09.2003 passed by the learned Additional Sessions Judge, Rayagada in Sessions Case No. 6 of 2002/Sessions Case No. 364 of 2001 convicting the appellant for commission of offence under Section 302, IPC and sentencing him to undergo imprisonment for life.

(2.) THE prosecution case in brief is that on 20.09.2001 around 2 P.M. the accused came to the house of the deceased and requested him to accompany him to village Khairaguda to get dues from the liquor vendor. Accused was distilling liquor and the deceased was working under him as casual labourer and transporting liquor to the liquor Bhati. Prior to this incident on 16.9.2001 the younger brother of accused, namely, Raja Rao Mellaka had expired and the accused suspected the deceased to have practiced sorcery on his brother. At village Khairaguda accused consumed liquor in the house of liquor vendor Laxman Behera and thereafter accused and the deceased while returning home on the way in an isolated place accused suddenly pushed the deceased, as a result of which he fell down hitting against the ridge of the road. Thereafter, accused gave successive kicks and blows on the head of the deceased and dragged him to the non -metal portion of the road and twisted his neck as a result of which the deceased died at the spot. At this juncture, Kereda and K. Singhpur bound private bus known as "Vijayalaxmi Bus" passing through the road, arrived there and seeing the incident, the bus stopped. The bus staff and the passengers also got down from the bus and being confronted the accused disclosed before them to have killed the deceased as he was responsible for death of his younger brother Raja Rao Mellaka. Thereafter, the bus proceed to the village Pitamahal, where some passengers informed the fact to the informant, who was the husband of the Sarpanch at Patamahal Grama Panchayat. The informant made a telephonic call to Rayagada Hospital for sending the Ambulance and proceeded to village kumariguda in his motorcycle and in between Khairaguda and Jagannathpur found the deceased lying dead by the side of the road and blood coming out through his mouth. The informant found the accused near the spot and being asked he confessed to have killed the deceased as he was responsible for the untimely death of his younger brother. The informant immediately came to Rayagada Police Station and lodged a report. The OIC, Rayagada Police Station after registering a case directed S.I. of Seskhal Out -post to take up investigation. The I.O. visited the spot, conducted inquest, sent the dead body for post -mortem examination, seized the wearing apparels of the deceased and sent the same for chemical examination and after completion of investigation submitted charge -sheet against the accused.

(3.) THE prosecution, in order to p -rove the charge, examined as many as 11 witnesses including the I.O. and the doctor and exhibited 11 documents. Defence examined none.