(1.) ON 18.1.2013, the appeal was heard and judgment dictated in Court. Appeal was allowed in part converting the offence under section 302 I.P.C. to one under section 304, Part -I I.P.C. and modify the sentence. Release order communicated. The reasons of the judgment follow :
(2.) THIS appeal has been filled by the appellant challenging the judgment and order of the learned Sessions Jud e, Sundargarh passed in S. T. No. 128 of 1999 convicting the appellant for commission of offence under section 302 of I.P.C. and sentencing him to imprisonment for life and to pay a fine of L 5.000/ -. in default, to undergo further period of imprisonment for two years.
(3.) THE case of the prosecution is that the appellant Jalu Majhi had married Gurubari Majhi, who is the mother of Phultuli Majhi. Phultuli happens to be the widow of Dinu Majhi. The appellant and his wife were residing in a hut standing near the hut of the deceased -Dinu Majhi. On 17.11.1998 evening there was quarrel between Dinu Majhi and his wife inside their hut. At that time, Dinu Majhi s father -in -law, the appellant reached near the entrance door of his house being armed with a bow and an arrow and shot the arrow, which pierced the chest of the deceased Dinu Majhi. who sustained grievous injury and succumbed to the same. Dinu s wife Phultuli snatched away the bow from the hands of the appellant. Thereafter the appellant ran away to his hut, collected his belongings and absconded. Phultuli narrated this incident to others and on the next day i.e. on 18.11.1998 Sonu Majhi, who happens to be the brother of the deceased proceeded to Lehripara Police Station and lodged an F.I.R. which was registered as Lephripara P. S. Case No. 92 of 1998.