RATI KHORA Vs. STATE

JUDGEMENT

(1.) Criminal Appeal No. 387 of 1992 has been filed by the two appellants who have been convicted under Section 302/34, Indian Penal Code, and sentenced to undergo imprisonment for life in Sessions Case No. 22 of 1992. After filing the aforesaid appeal through Advocate, a petition has been sent on behalf of both the appellants through jail subsequently which has been registered as Jail Criminal Appeal No. 6 of 1993. Both the appeals are being disposed of by this common judgment.

(2.) The prosecution case, briefly stated, is as follows: Bhagavan Khora, the deceased, along with some others had been acquitted in a criminal case wherein it had been alleged that they had killed one Lachhu Khora, brother of present appellant No. 1. It is alleged that appellant No. 1 bore grudge against the deceased. On 11-9-1991 in the evening, the deceased, Laichhan Hantal (P. W. 4) and Purna Khora (P.W. 5), the brother-in-law and first cousin of the deceased respectively, proceeded towards Bariniput Crossing from the house of the deceased to take tea. It is alleged that while they were near Kasmir Hotel, the two accused-appellants suddenly came and appellant Ghasi Mandi caught-hold of the deceased from behind and appellant No. l stabbed on the belly of the deceased by means of a knife. The deceased was taken to the Sub-Divisional Hospital Jeypore, where he succumbed to the injury on the next day at about 6.15 p.m. The F.I.R. was lodged by P.W. 6 on 11-9-1991 at about 6.30 p.m. which was registered under Sections 341/307/ 34, Indian Penal Code. Subsequently, on the death of Bhagban Khora, the case turned to one under Section 302, Indian Penal Code, and charge-sheet was accordingly filed.

(3.) The plea of the accused was one of denial.