DUKHIA ALIAS JAGANATH TIU Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant has been convicted under Section 302 I.P.C. and sentenced to undergo imprisonment for life by the learned Sessions Judge, Mayurbhanj, Baripada in S. T. Case No. 150 of 1993 for committing the murder of Sambari Dei, the wife of Anam, P.W.1.

(2.) BRIEFLY stated the prosecution case is that the relationship between the appellant and Anam (P.W.1) was not cordial because of existence of land dispute. On 3.5.1993 Anam (P.W.1) and his wife Sambari went to the house of one Saluka Purty (not examined) at about 5 p.m for drinking handia. When they were returning home at about 6 p.m, the appellant shot an arrow at Sambari which pierced the left side of her abdomen. Anam (P.W.1) raised hullah and chased the appellant but could not catch him. Anam (P.W.1) and Bisu (P.W.2) carried the injured Sambari to the cow -shed of Anam where she succumbed to the injury. Next morning Balaram (P.W.3) lodged the F.I.R.

(3.) PROSECUTION examined nine witnesses in support of the charge. Anam (P.W.1) is the sole eye witness. Bisu (P.W. 2) is a post -occurrence witness. P.W.4 is the doctor who conducted post -mortem examination over the dead -body of the deceased Sambari. The learned Sessions Judge on the basis of the evidence of P.Ws.1 and 2 found the appellant guilty under Section 302 I.P.C. and convicted him thereunder.