SHYAMA GOUDE Vs. STATE OF ORISSA

JUDGEMENT

(1.) The present appeal has been filed against the judgment and order of conviction dated 9th January, 1991 passed by the Sessions Judge, Koraput, Jaypore case Naurangpur in Sessions Case No. 152 of 1990. The accused-appellant has been convicted and sentenced for life under Section 302 I.P.C.

(2.) Prosecution case is that accused Shyama Gauda and Matiram Gouda, the deceased are residents of village Chikili under Qabugaon Police Station. About one month previous to the occurrence the accused brought and kept Komala Gouduni (P.W. 2) the daughter of the deceased, in his house as is wife. It is said that on the date of occurrence i.e. on 25.3.1990 the accused picked up quarrel with Komala Gouduni because she did not cook rice. As no rice was available, Kamala brought rice from somewhere else and cooked. Again as curry was not served along with rice, the accused picked up quarrel. At this Kamala went to her fathers house and complained about the attitude of the accused. Matiram Gauda came to the house of the accused along with Komala and chastised the accused and asked him not to quarrel with his daughter. By then it was already dark. When deceased Matiram started to go back to his house, the accused became angry because of the shining, picked up the spear (Barchha), M.O.I. and followed Matiram Gouda. Apprehending danger Komala also followed the accused. On the Sic in front of the verandah of the house of Balaram Gouda the accused had pierced the left side neck of Motiram with the pointed edge of the spear. Komala Gouduni atonce snatched away the spear apprehending further blow from the accused. Matiram Gouda fell down with bleeding injury over his neck and died Instantaneously. The accused ran away from the spot. On hearing the cries of Komala Gouduni, Mangum Gouda (P.W. 1) came to the spot and learnt about the incident. He then called other witnesses. The accused was brought to the spot and on being questioned he made extra-judicial confession. Mangum Gouda along with others then took the accused to Dabugaon P.S. where F.I.R. (Ext. 5) was lodged. During investigation besides the formalities of inquest, post-mortem, seizure of blood-stained wearing clothes of the deceased. M.O.I. spear and the wearing lungi and Banian of the accused were also seized. The Chemical ExaminerTs report revised existence of blood on the spear.

(3.) The defence plea of the accused-appellant is one of complete denial. According to his, he has been falsely implicated in this case.