JAKAKA KRISHNA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 7.12.1995 passed by the Additional Sessions Judge, Jeypore in Sessions Case No. 20 of 1995 convicting the sole appellant Jakaka Krishna under Section 302, I.P.C. and sentencing him thereunder to undergo imprisonment for life.

(2.) Prosecution case, in brief, is that on 20.12.1994 at about 7.00 P.M. P. W. 3 Melka Madma lodged an oral information at Narayanpatna police station stating inter alia, that on 18.12.1994 in the afternoon at about 3.00 P.M. the appellant called Melka Kita (since deceased) from his house to go to Partingi. Though both of them together went to Partingi, it seemed that the deceased did not return home since then. On the following morning on Monday the appellant came and reported the sister-in-law of the informant (P.W.3) that the deceased fell down on the water and therefore, requested the sister-in-law of the informant to go and bring the deceased. Thereafter the said sister-in-law of the informant being Melka Walsi (P.W.1) went away along with the appellant to bring the deceased home. At that time P.W. 1 was accompanied by Melka Ranja, Huluka Ranchu and Jakaka Krishna being the present appellant. When they went to bring the deceased, they found marks of injuries on back, leg and head of the deceased. They took the deceased to the hospital, but on the way the deceased succumbed to the injuries. Thereafter, the deceased was brought back to his village. On being asked by Barbar Kausalya Sitana, Santa Melka Sania being P.W.2 and others regarding the occurrence, the appellant admitted that he himself had assaulted the deceased by hand and stick. Other villagers also heard such statement being made by the appellant. Accordingly, it was stated in the said oral information that appellant was responsible for the murder of the deceased. On the basis of the said oral complaint, an F.I.R. under Section 302 I.P.C. was registered against the appellant in the said police station and after usual investigation charge sheet was filed against the appellant. In course of time, the case was committed to the Court of learned Sessions Judge, Koraput-Jeypore. Ultimately, on transfer the case was tried in the Court of learned Additional Sessions Judge, Jeypore.

(3.) On perusal of the materials on record learned trial Court framed charge under Section 302 I.P.C. against the appellant to which he pleaded not guilty. The plea of the appellant was that of simple denial of the prosecution case as alleged.