BADU BARUA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal by the sole appellant (hereinafter referred to as 'the accused') has been preferred against the judgment and order of the learned Additional Sessions Judge, Jaypore, passed in Sessions Case No. 79 of 1990 whereby he has been convicted under Section 302, IPC and sentenced to undergo imprisonment for life.

(2.) The prosecution case unfurled during trial is that on 25-4-1990 in the early part of evening hours there was a verbal duel between Badu Barua, the accused, and one Bunadhar Bhumia regarding distribution of meat on the occasion of 'Amba Paras', a local festival. At this time, deceased Arjun Bhumia (hereinafter called 'deceased) intervened and separated them. Immediately thereafter accused rushed to his house nearby and returned back with bow and arrow and shot an arrow aiming at the deceased which struck on his left side chest as a consequence, he dropped down there with bleeding injury. The incident, according to the prosecution, had been witnessed by Bunadhar Bhumia PW 7, Budura Bhumia PW 9 and Budura Bhumia PW 10. Sania Bhumia PW 11, a post-occurrence witness, came to the spot and enquired from the deceased as to how he received the injury. To this the deceased stated that while he was trying to separate the accused and Bunadhar Bhumia, the former short the arrow which pierced on his chest. Since the incident happened in the deceased, although was alive, could not be immediately removed for giving medical aid. On the next day he was taken to Mathili Primary Health Centre where Dr. Kailash Chandra Patra PW 15 gave first aid and then referred him to the Sub-divisional Hospital, Jaypore, for better treatment since his condition was serious. Accordingly the deceased was brought to Jaypore Hospital where Dr. Kadar Nath Choudhary PW 1 admitted him as indoor patient and recorded his dying declaration, Ext. 2, in presence of Dr. Ekalabya Panigrahi PW 2. Surgery Specialist Dr. Bauri Bandhu Muni PW 3 operated the deceased and removed the arrow which had struck on his chest. A report of the incident, Ext. 8 was made at the Nathili Police Station on receipt of which Jairam Satpathy PW 13, the Officer-in-charge of the said P.S. registered a case under Section 307, IPC and proceeded with investigation. He, however, converted the case to one under Section 302, IPC since the deceased succumbed to his injuries and on completion of investigation, placed charge-sheet against the accused to stand his trial for the said offence.

(3.) The accused when examined under Section 313, Cr. P.C. abjured the prosecution allegation and pleaded innocence.