ISWAR JUANGA Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD.

(2.) ORDER of conviction under Section 302, ipc and sentence of imprisonment for life imposed by learned Sessions Judge, keonjhar on accused-appellant in Sessions trial Case No. 44 of 1984 is under challenge,

(3.) PROSECUTION case in short is that on 21-11-1993 in the afternoon aceused pieked up quarrel with his wife Lila (here in after referred to as deceased) and in that process dealt a stab blow to her belly by use of the knife (M. Q. I.) and as result of that the de-Against order of G, C, Mohanty, Sessions judge, Keonjhar in Sessions Trial Case No. 44 of 1994, D/- 7-8-1997. ceased died. Neighbourers of the accused came to the spot and found that deceased was lying dead and accused was sitting holding the blood stained knife in his hand and to the query of some of the co-villagers (that includes P. W. 1) accused made extra judicial confession relating to the crime. When the villagers wanted to go near him, accused retaliated and because of that with the help of P. W. 4, a co-villager and other witnesses (P. Ws. 1, 2 and 3) overpower the accused and tied him before proceeding to Police station to lodge the report. After receipt of the fir a routine investigation was conducted and ultimately charge-sheet was filed.