RAMA PUJARI Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment and Order dated 27.9.1996 passed by the Learned Sessions Judge, Koraput, Jeypore, camp at Malkangiri in Sessions Case No. 223 of 1995 by which the Appellant has been convicted under Section 302, Indian Penal Code and sentenced to undergo imprisonment for life.

(2.) Briefly stated the case of the prosecution is that one day prior to the occurrence, father of the Appellant killed a goat of the deceased. So, on the date of occurrence at noon the deceased questioned him as to why he killed his goat. Over that, there was a quarrel between them. In that night, while the deceased along with his wife and children was sleeping on the outer verandah, the Appellant came and dealt Tangia blows causing injuries on his chest and left hand fingers. The wife of the deceased chased the Appellant, but he ran away. She raised hullah, hearing which others came to the spot, before whom she narrated the incident. The deceased succumbed to the injuries at the spot. Next day, a Panchayat was convened in the village where the Appellant confessed his guilt and produced the weapon of offence, i.e., the Tangia, which was kept with Mangaraj Dandasena (P.W. 5) and subsequently seized by the police. On completion of investigation final form was submitted against the Appellant under Section 302, Indian Penal Code.

(3.) THE defence plea is one of complete denial. The Appellant also denied to have made any extra judicial confession or produced the Tangia before the Panchayat.