MELEKA NIDI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Sessions Judge, Koraput convicting the appellant under Sections 302 and 323, I.P.C. and sentencing him to undergo rigorous imprisonment for life on the first count and rigorous imprisonment for 15 days on the second count.

(2.) Briefly stated the prosecution case is that the appellant and Dambu Melaka (hereinafter referred to as 'the deceased') were staying in one house but in different portions in village Dangar Chheka. On 16-3-1991 at about noon the appellant dismantled a wall of the house in absence of the deceased. On his return to the house, the deceased asked the appellant as to why he took such steps in dismantling the wall. It is the allegation of the prosecution that on being so confronted, the appellant assaulted the deceased by means of an axe on his head by giving three successive blows resulting in his instantaneous death. When Kusta Melaka, P.W. 8, protested, the appellant assaulted him by the blunt side of the axe on the middle of his head causing bleeding injury.

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