RATHI SINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal has been preferred by the Appellant challenging the order of conviction and sentence passed by the Learned Sessions Judge, Mayurbhanj, Baripada in S.T. Case No. 40 of 1995 convicting him for commission of offence under Sec. 302 of the Indian Penal Code (in short 'I.P.C.') and sentencing him to undergo rigorous imprisonment for life.

(2.) Prosecution case is that on 20.10.1994, after entering the Information of murder in the Station Diary, the A.S.I. of Police, Nudadlha Out -post went to the village Harldachua to make an enquiry. The Officer -in -charge of Kaptipada Police Station also reached in the village after entering the information received by him in the station diary. On arrival of the officers, the father -in -law of the deceased, Kanchan Singh, P.W. 1 lodged the F.I.R. which was accepted by the O.I.C., Kaptipada P.S. It is alleged in the F.I.R. by P.W. 1 that the deceased Jhukudu is the younger brother of the accused persons and the deceased had married his daughter Suni and was staying at Haridachua. P.W. 1 and his wife were staying in the village Badjhed, which is separated from the village of the accused persons by a small stream. Both the accused persons were accusing the wife of the deceased to be a witch and they had strained relationship. On the date of occurrence in the night, the informant P.W. 1 heard his daughter shouting that the deceased was shot by an arrow. On hearing this, he sent his wife (P.W.4) to enquire into the matter where after he also went to the house of the deceased. He found the deceased lying with an arrow sticking to his belly and on being asked, the deceased told to have been shot by the present Appellant Rathi while both the deceased and his wife had gone to the house of accused Paru (since acquitted) for pacifying the allegation of witchcraft made against the wife of the deceased. The information P.W. 1 called others, such as P. Ws. 2 and 3, to the place of occurrence and the deceased also disclosed before those witnesses that he was being shot by his elder brother, the present Appellant. The deceased succumbed to the injuries at about 11 P.M. on the very same night. On these allegations made in the F.I.R., investigation was taken up and charge -sheet was filed against two accused persons, namely, Rathi Singh, the present Appellant and one Paru Singh.

(3.) The Appellant faced trial under Sec. 302 I.P.C. for committing murder of the deceased Jhukudu Singh and accused Paru Singh stood charged for commission of offence under Sec. 307 I.P.C. for threatening the deceased with bow and arrow. On the basis of dying declaration made before P. Ws. 1 to 4 and the evidence of P. Ws.5 and 7, the Trial Court found the Appellant guilty of the charge under Sec. 302 I.P.C. and convicted him hereunder and accused Paru Singh was acquitted of the charge under Sec. 307 I.P.C.