SABARA MANTRI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant stands convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life.

(2.) THE Case of the prosecution is that on the date of occurrence (8.9.1992) quarrel ensued between the appellant and his younger brother Mohan (P.W.6) due to dispute over distribution of tusser eggs. In course of the quarrel, the appellant assaulted P.W.6 and the latter retaliated.The appellant became furious and brought out an axe (M.O.I) and with it assaulted the son of P.W.6 (a male child aged about 3 years) resulting in his instantaneous death.

(3.) IN order to bring home the charge, prosecution. examined nine witnesses, P.W.2 (wife of P.W.6) is the sole eye witness to the occurrence. P.Ws. 2 and 3 deposed about the conduct of the appellant immediately after the occurrence. P.W.6 is the doctor who conducted the post mortem examination over the dead -body of the deceased boy.