NACHIKA SINDURU Vs. STATE OF ORISSA

JUDGEMENT

(1.) Appellant was prosecuted for the offence under Sec. 302, Indian Penal Code and convicted for that offence by Learned Sessions Judge, Koraput at Jeypore in Sessions Case No. 163 of 1996. That order of conviction is under challenge.

(2.) Nachika Dumuri is the deceased in this case. P.W. 1 Nachika Sikunu is his brother and P.W. 3 Nachika Sapai is his widow. The occurrence took place in front of the house of P.W. 2 Tadingi Wana and she is the solitary eye witnesses to the occurrence. P.W. 4 Tadingi Saru is the son of P.W. 2.

(3.) According to the case of the prosecution, on 04.02.1996 while P.W. 2 suffering from fever was lying on her outer Verandah, accused came and entered into her house and stated that "ask the deceased to call him (accused) out". Then the deceased arrived there and called the accused. In reaction to that accused who had picked up the wooden pound (M.O. III) from inside the room dealt a blow to the head of the deceased and latter succumbed at the spot sustaining bleeding injury on the head. P.W. 2 intimated that fact to P.W. 3 and gathering such information, P. Ws. 1 and 3 and some other villagers arrived at the spot. Then P.W. 4 returning from the field and learning about the occurrence entered inside his house (house of P. Ws. 3 and 4) and brought out the accused with M.O.III. To the query of P. Ws. 1, 3 and 4 and the other villagers about the reason, the Appellant simply replied that 'he killed' (MARI DELI). Since evening was setting in, therefore on the following day i.e. on 05.02.1996 P.W. 1 with others went and reported the matter before the Officer In -charge, Narayanpatna Police Station i.e. P.W. 6. The latter received the F.I.R. (Ext. 1) and registered the P.S. case and took up the investigation. In course of investigation, he visited the spot, prepared the spot map, seized the bloodstained and sample earth, arrested the accused and also seized M.O.III from him besides his blood -stained wearing apparels, held inquest over the dead body and forwarded the same for postmortem examination. He also sent the seized materials with the forwarding letter Ext. 11 of Learned J.M.F.C., Laxmipur for chemical analysis and serological test. P.W. 6 submitted charge -sheet and the Trial Court framed charge against the Appellant under Sec. 302, Indian Penal Code for the homicidal death of the deceased.