KHAKHA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This appeal is directed against the Judgment and order dtd. 26/6/2004, passed by the learned Additional Sessions Judge, Sambalpur in Sessions Trial Case No.168/3 of 2002-2003, convicting the present Appellant for the offence punishable under Sec. 302 of the Indian Penal Code (IPC) and sentencing him to undergo imprisonment for life and pay a fine of Rs.2,000.00 and in default to undergo rigorous imprisonment for two months.

(2.) The case of the prosecution is that the deceased Rankamani Behera, a member of Scheduled Caste, was nominated as Khajuria by the villagers of Sarigidihi and Saletikirapada for collection and sale of Khajuri Rasa for the year 2001-02. To facilitate the extraction of the date palm juice, the deceased had put up a hut at Saletikirapada and was staying there. The accused/Appellant and his father, Lalita Kharshel, who were the previous lessees for extracting Khajuri Rasa, frequently came to the spot and tried to create disturbance.

(3.) On 23/10/2001 at around 6.30 pm, the Appellant came to the spot and attacked the deceased Rankamani with a Katuri and murdered him by giving several blows on his neck and mouth. Purusottam (PW-1), who witnessed the incident, left the place out of fear and informed the matter to his co-villagers viz., Bhakta, Kumuda and Binod (PWs 2, 3 and 4 respectively).