KOTARI SURI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant Kotari Suri has been convicted by the learned Additional Sessions Judge, Berhampur, Circuit at Paralakhemundi, under section 302, I. P. C. and sentenced to undergo R. I. for life for causing the death of one Medi Tiwa.

(2.) THE brief narration of the prosecution case' is that the appellant suspected the deceased, a co -villager, to be in illicit connection with his wife and took exception to it. In the early hours in the morning of 8. 3. 1979, the appellant picked up a quarrel with his wife for her being in illicit connection with the deceased and attempted -to assault her. At that time the deceased chanced to come there. As the deceased tried to intervene, the appellant out of rage dealt two -blows on him with the blunt side of a spade and caused his death. It is alleged that on previous occasions also there was quarrel between the appellant and the deceased regarding the latter's illicit connection with the farmer's wife. After the occurrence the appellant absconded from the village till P. W. 3 apprehended him in the Palasa Railway Station after 17 days of the occurrence and handed over him to the police. P. W. 4, the Choukidar of the village, lodged the First Information Report about the incident at the Paralakhemundi Police Station on the date of occurrence itself., On receipt of the information, investigation was started. In course of investigation, inquest was held on the dead body and the dead body was sent for post -mortem examination. After completion of the investigation, the appellant was charge -sheeted Under Section 302, I. P. C. he was tried for the said charge and has been convicted and sentenced as stated above.

(3.) NINE witnesses were examined on behalf of the prosecution. P. W. 1 the officer in -charge of the Paralakhemundi Police Station at the relevant time had recorded the First Information Report, lodged by the Choukidar. P. W. 4. P. W. 7 is the Doctor who held the Post -mortem examination on the dead body of the deceased. P. W. 9 is the Sub -Inspector of Police who investigated the case.