SANIA JHIGIDI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS jail criminal appeal is directed against the judgment and order dated 22.09.2003 passed by the learned Addl. Sessions Judge, Malkangiri in Sessions Case No.63 of 1999 convicting the appellant under Section 302, IPC sentencing him to undergo imprisonment for life.

(2.) THE prosecution case in brief is that on 23.04.1997 at 4.30 P.M. the informant P.W.1 lodged an F.I.R. alleging therein that on 22.04.1997 at night Hadi Sisa, Soma Sisa and Sania Sisa went to Jhigidi Sahi to dance. But, on being prevented by accused, they returned to their respective houses. On the next morning, i.e., 23.04.1997 at about 7.00 AM being armed with bow and arrow accused came to Sisa Sahi and challenged Buda Sisa (deceased) as to why he in the previous day abused his mother. When the deceased asked him to return home, accused shot an arrow from the bow held by him and fled away. The arrow hit at the abdomen of the deceased. Then, immediately the deceased removed the arrow from his abdomen and went to his house. On receipt of the FIR, initially a case was registered under Sections 324/307, IPC. But, subsequently as the deceased died on 24.04.1997, while undergoing treatment at District Headquarter Hospital, Koraput, the case was turned to one under Section 302, IPC and investigation taken up. On completion of investigation, police submitted charge -sheet against the appellant under Section 302, IPC.

(3.) THE plea of the appellant was one of complete denial of the prosecution case. His specific plea was that at the time of occurrence he was at school and the witnesses due to village dispute have falsely implicated him in the case.