SUGUA MAJHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this appeal from the Circle Jail, Baripada, Mayurbhanj, Suguda Majhi (hereinafter referred to as the (accused) calls in question the legality of his conviction for an offence punishable under Section 302 of the Indian Penal Code, 1860 (in short, the TIPCT) and sentence of imprisonment for life as awarded by learned Sessions Judge, Mayurbhanj, Baripada. Way back in July, 1973, the alleged occurrence took place for which the accused faced trial in late eighties after he was apprehended in December, 1987.

(2.) Prosecution case, filtering out unnecessary details, is as follows: The sister of one Phulrai Majhi (P.Ws. 3) was married and as is the custom in the tribe to which P.Ws. 3 belongs, some persons of the brides party went to see off the grooms party near the outskirts of the village Sarabania where the marriage was performed. Dugri (hereinafter referred to as the deceased) was a member of the brides party and had gone to set off the bride. While she had bent for prayer, the accused suddenly shot an arrow at her which pierced into her chest and in spite of best effort the deceased could not pull out the arrow. She questioned the accused as to why he shot the arrow at her, and asked for some water. The accused threatened to shoot at any person who ventured to give water to the deceased. Some how the persons present could manage to over-power the accused, and tied him with a view to take him to the poi ice station. The occurrence took place near about the evening. While the villagers were going with the accused towards the police station, it rained heavily on the way and they had to take shelter in order to save P.Ws. 1 selves from getting drenched. The accused taking advantage of the darkness, managed to untie, the knots of the rope and slipped away. The F.I.R. was lodged at Bangriposi Police Station, investigation was under taken: But as the accused had absconded, there was delay in arresting him. Post-mortem was conducted by doctor (P.Ws. 4). Subsequently, after the accused was apprehended, trial began. The accused took a plea of complete denial of the occurrence. Because of long passage of time, many witnesses were not available and the Investigating Officer (in short, 1.0. who had undertaken investigation had breathed his last. However, the case diary written by him was proved through another Police Official (P.Ws. 5) who was acquainted with his handwriting.

(3.) In all, five witnesses were examined by the prosecution, P.Ws. 4 was the doctor the conducted autopsy over the dead body. His evidence is to the effect that he found one injury i.e., an incised wound spindle shaped iTT x 1/2 placed vertically in front of the right chest on the mid clavicular line 5T1 below the right clavicle. He found that in the wound an arrow was found sticking. On dissection he found the also to have pierced obliquely from the right to the left passing through the right lung and the right chamber of the heart. P. Ws. 1 and 2 are stated to be the witnesses to the occurrence.-Without much empbasis on the trifle discrepancies in the evidence of the eyewitnesses, learned trial Judge found the accused guilty and convicted and sentenced him as aforesaid.