JAGMOHAN BARLA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Court of Session has held it established on the basis of the evidence of two witnesses to the occurrence, namely, P.Ws. 5 and 6, supported by the medical evidence, while discarding that of another (P.W. 7), coupled with an extrajudicial confession said to have been made by the appellant before P.W. 2, that after a sudden quarrel during the night of November 30, 1979, the appellant, working as a Mazdoor with many others including Albert Tope alias Topen (to be described hereinafter as the deceased), killed the deceased by means of a sickle (MO. I) when the latter came to the house of Michael Eka with whom the appellant had been staying along with Ratan Munda (P.W. 6), having left the house of the deceased where he had previously been staying after quarrels with him. The appellant has been convicted under section 302 of the Indian Penal Code (for short, the Code) and sentenced to undergo imprisonment for life.

(2.) It is not disputed at the Bar that the deceased bad died a homicidal death. Appearing on behalf of the appellant, Mr. Rath has submitted that the evidence of P.Ws. 5 and 6 was not worthy of credence and the appellants alleged statement made before P.W. 2 admitting to have killed the deceased could not legally be construed as an extrajudicial confession. It has been contended on behalf of the appellant that if the case of the prosecution is accepted by this Court, the offence would amount to culpable homicide not amounting to murder coming under the purview of section 304 Part II of the Code as Exceptions 1 and 4 to section 300 of the Code would be applicable to the facts of the case. It has been submitted on behalf of the State that the order of conviction is well-founded.

(3.) The appellants plea at the trial was as follows: While we were all sitting together, Albert arrived being heavily drunk and shouted for which all of us present there objected and there was a quarrel between Ratan Munda and Albert, so much so Albert caught hold of the neck of Ratan Munda. I separated them and Ratan Munda went away. Albert got angry with me and rebuked in filthy language. Albert gave me two or three fist blows and I equally gave him two or three fist blows. Then Albert caught bold of a hammer and aimed at me. Out of fear for my life I caught hold of some iron instrument and brandished the same in order to save myself. Wife of Albert was in love intrigue with Michael Eka. The house was dark.