LACHHMAN DHUBLIA Vs. STATE

JUDGEMENT

(1.) THIS appeal has been preferred against an order of conviction under Section 302, I.P.C. and sentence of imprisonment for life.

(2.) THE charge against the appellant was that on 6 -5 -1979 about 8 p.m. he committed the murder of Ramachandra Dhublia of village Anta under Jeypore Police Station in the district of Koraput by dealing a knife blow on his neck. It was alleged that while the deceased was talking to P.W.3 Damuru Naik in the presence of his neighbour P.W.5 the appellant went there and addressed the deceased as "Misa Dhublia" thereby meaning that the deceased was of mixed breed. The deceased took exception to such utterance. There ensued a quarrel between the two in course of which the deceased gave a slap to the appellant. This was followed by a scuffle between the two and the deceased pushed the appellant to some distance. Then the appellant came near the deceased and dealt a blow on his neck with the knife which he was holding and left the place. The knife blow fell on the root of the neck. The deceased fell down and died instantaneously at the spot. This occurrence was witnessed by P.Ws. 3, 4 and 5. On hearing a hulla, the villagers came to the spot and found the deceased lying dead. They went in search of the appellant and found him concealing his present under an Amari Bush. They brought him to the spot where he confessed to have killed the deceased. F.I.R. was lodged on the same day at midnight by P.W.8 Dambarudhar Naik, the Ward -Member of the village implicating the appellant as the assailant of the deceased and mentioning about the extra -judicial confession made by the appellant. The Investigating Officer reached the spot at 1.15 a.m. in the night and arrested the appellant. He seized the wearing lungi of the appellant which was stained with blood. While in custody, the appellant gave information leading to discovery of the weapon of offence from an Amari Bush. After due investigation, the appellant was charge -sheeted by the Police under Section 302, I.P.C.

(3.) THE prosecution relied on (a) the direct evidence of P.Ws. 3, 4 and 5, (b) the refracted extra -judicial confession of the appellant before P.Ws.7 and 8, (c) the evidence of P.W.6 that immediately after the occurrence he saw the appellant running away from the side of the spot towards the Amari Bush, and (d) the evidence of P.Ws.7 and 10 about discovery of the weapon of offence from the Amari Bush.