SANIA MUDULI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant faced trial in the court of learned Addl. Sessions Judge, Malkangiri in C.T. Case No.36 of 2002 for offence punishable under section 302 IPC for committing murder of Hadi Dora (hereafter the "deceased") at Kendu Dangara Jholla near village Podeiguda on 11.4.2002 at about 4.00 p.m. The learned trial court vide impugned judgment and order dated 18.5.2006 held the appellant guilty under section 302 IPC and accordingly convicted him of such offence and sentenced him to undergo imprisonment for life and to pay a fine of Rs.10,000/-, in default of payment of fine to undergo R.I. for six months more.

(2.) The prosecution case as per the First Information Report submitted by Sukra Kirsani (P.W.1) before Officer-in-Charge, Mudulipada police Station on 13.4.2002 is that on 11.4.2002 at about 1.00 p.m. the deceased along with the appellant, P.W.2 Sukra Muduli, P.W.3 Lachhim Muduli and one Sadhu Chalan had been to Kendu Dangara Jholla to take salap (liquor prepared from date palm tree). At about 4.00 p.m. while P.W.2, P.W.3 and Sadhu Chalan were returning after taking salap, they heard quarrel between the appellant and the deceased. The deceased called out in high pitch and stated that the appellant shot at him. Hearing such shout of the deceased, P.W.2, P.W.3 and Sadhu Chalan returned back and saw that the arrow shot by the appellant has pierced on the right side chest of the deceased and they pulled it out and then proceeded to the village and intimated the villagers about the incident. During midnight, P.W.2 along with five other co-villagers brought the deceased to his house from the Kendu Dangara Jholla. P.W.2 asked the deceased about the incident who stated that after taking salap when he asked the appellant for more salap, there was quarrel between them and the appellant shot an arrow at him. On 12.4.2002 at about 3.00 a.m., P.W.2 and others tried to shift the deceased to the hospital but he expired at the outskirts of the village. After taking back the dead body to the village, a panch was convened in the night but the appellant did not turn up for which the dead body was taken to the police station along with the arrow shot by the appellant.

(3.) That the defence plea is one of denial.