MANO KHILLO Vs. STATE OF ODISHA

JUDGEMENT

(1.) These two appeals are directed against a judgment dtd. 27/6/2000 passed by the Additional Sessions Judge, Jeypore in Sessions Case No.53 of 1998/Sessions Case No.185 of 1998 convicting the Appellant-Mano Khillo for the offence under Sec. 302 IPC and sentencing him to undergo imprisonment for life and to pay a fine of Rs.1000.00 and in default to undergo rigorous imprisonment (RI) for one year and convicting the Appellants, Manu Andarba, Gandhar Andirba and Trinath Andirba [the Appellants in CRA No.192 of 2000] to imprisonment for four years with a fine of Rs.500.00 and in default to undergo further RI for six months for the offence under Sec. 201 read with Sec. 34 IPC.

(2.) The case of the prosecution is that Madhab Andarba (PW 4) appeared before Ranjan Pattnaik(PW 14), the Officer-in-Charge (OIC) of Padwa Police Station (PS) at around 6.10 am on 10/2/1998 stating that on the previous day i.e. on 11/2/1998 his brother Jaya Andarba had been killed by Mano Khillo (A1) and the other three had assisted him in cremating the dead body, thus, making the evidence disappear.

(3.) The case of the prosecution is that Mono Andarba, brother of PW 4 was giving Dasaha (10th day of feast) on the death of his son which was attended by all the villagers. After the feast, the persons who took active part in it were sitting near the fire at the kitchen.The deceased Jaya came and sat there. The Appellant Mano Khillo (A1) also came and sat there. A1 suddenly pointedly asked the deceased that some persons had drunk his salap (a kind of intoxicating juice). The deceased replied that he had asked his brother-in-law to make salap. On hearing this, A1 is supposed to have got angry and started abusing the deceased, who then left the place. However, A1 was supposed to have followed him.