MANDANGI RELLI Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN the above appeal, the appellant challenges the Judgment and Order dated 15.3.1996 of the Learned Sessions Koraput, Jeypore camp at Rayagada, in Sessions Case No. 130 of 1995 whereby the appellant has been convicted under Section 302, IPC and sentenced to undergo imprisonment for life.

(2.) THE case of the prosecution in succinct is that on 22.12.1994 the appellant called the deceased, his elder brother -Mandangi Bandhu (P.W. 1), Kadraka Jagabandhu (P.W. 2) and Mandangi Gobi (P.W. 3) to take Salap juice. Accordingly, in the afternoon, they are including the appellant went to Godamati mountain, where existed the Salap tree of the appellant and took Salap juice. While returning, at Sulangi Bandha all on a sudden the appellant dealt successive blows on different parts of the body of the deceased by means of Tangia, which he was then holding. As a result, the appellant fell down over a heap of stone and succumbed to the injuries. FIR was lodged by P.W. 1 whereupon police sprang into action. In course of investigation, inquest was held over the dead body and it was sent for autopsy. The doctor who held post -mortem opined that the injuries where ante mortem in nature and the deceased died a homicidal death. While in custody, the appellant also gave recovery of the weapon of offence under Section 27 of the Evidence Act. On completion of investigation, police filed charge -sheet against the appellant.

(3.) IN order to substantiate the charge, prosecution examined as many as nine witnesses. P.W. 1 is the informant and an eyewitness, P.W. 5 is the doctor who conducted autopsy over the dead body, P.W. 6 is another doctor who collected the nail clippings of the appellant and P.W. 9 is the Investigating Officer. The defence has examined two witnesses, including the wife of the appellant, who have stated about the partition effected among the family members of the appellant and the deceased.