KUSHA DEHURI Vs. THE STATE

JUDGEMENT

(1.) THIS is an appeal from an order of conviction and sentence passed by the learned Sessions Judge, Cuttack Dhenkanal, convicting the accused Appellant under Section 302 Indian Penal Code and sentencing him to rigorous imprisonment for life, in the circumstances hereinafter stated.

(2.) THE prosecution case, shortly stated, was this: On November 26, 1960 in the afternoon, fourteen persons of village Burty including Keshab P.W. 1, Kadava P.W. 5 and Laba P.W. 8 and the accused Kusha had gone to a plot of land close to the forest, which they had obtained for cultivation on bhag basis from the Sarpanch) of Jagannathpur, for the purpose of erecting a fence on the said land; while thus engaged in putting up the fence, there was a quarrel between the accused Kusha and Kadava (P.W. 5) during which the deceased 's father Keshab (P.W. 1) intervened. The accused Kusha started abusing Keshab also and thereafter the deceased Kanhei, who at the time was grazing some buffaloes in the field came running and caught hold of the accused by the throat; thereupon the persons Present at the spot intervened and separated the deceased Kanhei from the accused and thereafter all dispersed. All this happened shortly before sunset. This was the first phase of the incident.

(3.) IMMEDIATELY thereafter, the local Choukidar of the village was informed and the following morning on November 21, 1960 the First Information Report was lodged by the deceased 's father Keshab (P.W. 1) at the Beat House at Jagganthpur which was about a mile from the place of occurrence. Then in the usual course, information was sent to the local police station at Purunakote through the Choukidar and thereafter the police took up the investigation. When the investigating police officer arrived at the spot, he found the dead body of the deceased Kanhei at the very spot where the in accident took place, namely at Gotha (meant for tying buffaloes) in between the houses of Laba (the accused Kusha 's brother) and Keshab, father of the deceased; the arrow M.O.I was found sticking inside the chest of the dead body, a portion of the iron blade projecting on the right side of the chest the ground underneath the dead body was stained with blood. At 1 p.m. on November 21, 1960 the accused Kusha was arrested and examined by the police. The same day the other prosecution witnesses were also examined. In course of investigation it transpired that the house of the accused was burnt for which another F.I.R. was also drawn up by the police and there was also a separate investigation but the police submitted Final Report as no clue is stated to have been found.