GURU SISA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Jail Criminal Appeal is directed against the judgment dated 16.3.2006 passed by the learned Addl. Sessions Judge, Fast Track Court, Malkangiri in Criminal Trial No. 6 of 2005 convicting the appellant for commission of offence under Section 302 of the Indian Penal Code and sentencing him to undergo imprisonment for life and to pay a fine of Rs. 5,000/-, in default, to undergo rigorous imprisonment for six months.

(2.) The prosecution to bring home the charge against the appellant based on the following facts as per the F.I.R. story:-

(3.) In order to prove its case the prosecution examined as many as twelve witnesses. Out of them, P.W.1 is the doctor who recorded the dying declaration of the deceased. P.W.2 is the informant Dhabulu Sisa, the brother of the deceased. P.W.3 is an independent witness namely, Sania Mandra. P.W.4 is an independent witness namely, Lachhmi Sisa. P.W.5 is a witness namely, Radhika Sisa, wife of the deceased. P.W.6 is an independent witness namely, Lachhmi Sisa. P.W.7 is the wife of Dhabulu Sisa. P.W.8 is an independent witness. P.W.9 is an independent witness. P.W.10 is the I.O. P.W.11 is the O.I.C., Mudulipoda Police Station who submitted charge sheet and P.W.12 is the doctor who performed autopsy over the body of the deceased.