ALI ALIAS HARIHAR SABATA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the learned Second Addl. Sessions Judge, Berhampur convicting the appellant under Section 302 I.P.C. and sentencing him to undergo imprisonment for life.

(2.) FROM the F.I.R. and the evidence on record the prosecution story emerges as follows : Krushna Gauda (hereinafter referred to as "the deceased") raped the appellants wife prior to the date of occurrence. On 29.10.1995 at about 10.25 a.m. the appellant and the deceased came together from the side of Aska -Polosara road and near the Souchalaya in village Budhamba, they quarreled with each other suddenly the appellant brought out a knife from his pocket and stabbed the deceased on his left chest. After sustaining the stab injury the deceased fell down but immediately got up and ran inside the nearby tyre resoling shop of P.W.1 and later succumbed to the injury.

(3.) IN order to prove its case the prosecution examined eight witnesses. P.Ws. 2 and 3 are eye witnesses to the occurrence. P.W.7 is the doctor who conducted post -mortem examination over the dead -body of the deceased. P.W.4 was examined to prove that the appellant while in police custody gave recovery of the weapon of offence (knife). P.W.1 was examined to prove that the appellant made extra judicial confession before him. P.W.8 is the I.O. The appellant examined one witness on his behalf to prove that the deceased committed rape on his wife.