SESHADEV NAYAK Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellant, has called in question the judgment of conviction under Sec. 302 of Indian Penal Code, 1860 (for short, 'the IPC') and order of sentence dtd. 31/5/1997 of imprisonment for life passed by the learned Sessions Judge, Dhenkanal-Angul at Dhenkanal in S.T. Case No.97 of 1993.

(2.) The prosecution case in brief is that the Appellant, deceased-Nrusingh Naik and their elder brother-Bansidhar Naik and another brother lived in one complex in Bidharpur village. The deceased-Nrusingh Naik was possessing a piece of Government land in front of their house, which he was using for stacking cowdung and straw. Accused-Appellant encroached upon a portion of such land of the deceased and constructed a thatched hut over it. For which, there was a quarrel between two brothers prior to the date of occurrence and since the Appellant was threatening the deceased with dire consequence, he had been to the police station to report the matter.

(3.) On 8/2/1992 at about 8.30 P.M. the deceased after returning home from police station to home asked his wife Renuka Naik-informant- P.W.6 (sole eye witness to the occurrence) to serve him food. His wife (informant) asked him to tie down their bullocks in the cowshed after which she would serve him food. Both of them went to their bari side and the informant was carrying a lantern and the deceased tied down the bullocks in the cowshed. At that time, the deceased went to bring straw for the bullocks and was followed by his wife-informant, who was holding the lantern. At that moment Appellant suddenly emerged holding one sword and coming from the opposite direction of the deceased stabbed to the belly of the deceased and the deceased fell down on the ground shouting "Marigali Marigali". The Appellant pulled out the sword from the belly of the deceased and inflicted further blows on the head as well as the hands of the deceased. Thereafter, Appellant ran away by the back side of the cowshed. The wife of the deceased (Informant- P.W.6) immediately took the injured with bleeding injuries to her lap, sat down there and cried.