KORA DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 31.3.1997 passed by the Second Addl. Sessions Judge, Berhampur in S.C. No.5 of 1996 convicting the accused -appellant under Section 302 of I.P.C. and sentencing him thereunder to undergo imprisonment for life.

(2.) PROSECUTION case in short is that on 5.6.1995 at about 10.00 P.M. while the deceased Rajendra Das @ Raju, along with his family members was asleep in his house, accused Baritalia @ Balaji Das came to house and called him by name. As he came out, accused Balaji Das challenged him as to why he declared to kill his son, Kora Das (accused -appellant) and when he denied to have said so, accused Balaji told that he heard it from Arjun Das (P.W.2). So both the deceased and Balaji Das went to the house of P.W.2 to confront it. Sometime, thereafter both were seen coming towards the house of the deceased exchanging hot words. During that time accused -appellant and co -accused Kalia emerged out of their respective houses and accused Kalia pushed the deceased and when he fell down accused -appellant pierced a GIDISA on his chest while accused Balaji and Kalia assaulted him. Hearing hullah raised by P.W.6, mother of the deceased, Bhagaban Das, Mangulu Das (P.W.5), Panu Das, Udhab Das and Arjun Das rushed to the spot and intervened, accused persons fled away. Immediately thereafter, while the deceased was being carried to the hospital, on the way, he succumbed to the injuries. In the same night at about 11.30 P.M. P.W.1, wife of the deceased orally reported the incident before the O.I.C. of Hinjili Police Station (P.W.7), who reduced the same into writing as per Ext.2, read over and explained the contents of it to the informant who after finding the same to be correct, put her L.T.I. thereon. As the allegation revealed a cognizable case, P.W.7 registered the case and took up investigation. In course of investigation he examined witnesses, visited the spot, seized a knife said to be the weapon of offence besides some other Material Objects, held inquest over the dead body, sent it to hospital for autopsy, arrested the accused persons, forwarded them to Court and after completion of investigation, finding a prima facie case submitted charge sheet against all three accused persons for the offence under Section 302/34 I.P.C. After the case was committed to the Court of Sessions Judge, Berhampur, it was transferred to the Court of Second Addl. Sessions Judge for trial and accordingly all the accused persons faced trial for the offence under Section 302/34 I.P.C.

(3.) IN order to prop up its case prosecution examined eight witnesses in all, as against none by the defence. After assessment of the evidence on record, the trial Court, while convicting the accused -appellant under Section 302 of I.P.C., acquitted the other two co -accused of the charge under Section 302/34 I.P.C., albeit convicted them under Section 323 of I.P.C. accused -appellant was sentenced to undergo imprisonment for life under Section 302 of I.P.C. and the other accused persons were sentenced to undergo R.I. for four months each under Section 323 of I.P.C. That judgment and order of conviction of Kora Das under Section 302 I.P.C. is challenged in this appeal.