DAKU Vs. STATE OF ODISHA

JUDGEMENT

(1.) This appeal is directed against the judgment dtd. 21/3/2007 passed by the learned Sessions Judge, Mayurbhanj in ST Case No.175 of 2005 convicting the Appellant for the offence punishable under Sec. 302 IPC for the murder of his cousin, Basanta Kumar Naik and sentencing him to life imprisonment and to pay a fine of Rs.500.00 in default to undergo rigorous imprisonment (RI) for three months.

(2.) At the outset it requires to be noted that pursuant to the order dtd. 21/4/2022 of this Court, the IIC, Karanjia Police Station, Mayurbhanj has submitted a report on 5/5/2022 stating that the Appellant is staying in his house with his wife and his other family members.

(3.) The case of the prosecution is that on 23/24/4/2005 around midnight, the deceased quarreled with his wife, Gouri Naik (P.W.1) and during such quarrel, the accused, who was the cousin of the deceased, came there and challenged the deceased for picking up quarrels with the family members regularly. Due to such challenge, there was a hot exchange of words between the deceased and the accused. Thereafter, the accused returned to his house and returned back with a sword and assaulted the deceased, as a result of which the deceased sustained severe bleeding injuries and died at the spot.