HIMIRIKA GUMPHA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant challenges in this appeal his order of conviction and sentence passed under Section 302, I.P.C. on 29.6.96 in Sessions Trial No. 325 of 1994 by the Sessions Judge, Koraput, sentencing him to life imprisonment.

(2.) The fact situation of the case leading to the trial of the case, stated in brief, are follows.

(3.) The accused Himirika Gumpha and the deceased Huika Patiga were co-villagers of village Gandabalsa under Narayanpatna P.S. The accused was afflicted with some sort of ailment, which he attributed to black magic practiced by the deceased on him. The accused had cautioned the wife of the deceased about this on several occasions and wife of deceased also intimated this to him (deceased), but he did not attach any importance to it.