NARENDRA DORA ALIAS KARIODU Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD and the judgment is as follows

(2.) APPELLANT was prosecuted in the Court of Additional Sessions Judge, Rayagada in Sessions Case No.13 of 2001 (Sessions Case No.110 of 2001 of the Court of Sessions Judge, Koraput, Jeypore). That Sessions Case arose out of Chandili P.S. Case No.107 of 2000 and G.R. Case No.319 of 2000 of the Court of S.D.J.M., Rayagada.

(3.) ACCORDING to the case of the prosecution, appellant had been given accommodation to sleep on the verandah of house of the deceased. On the date of occurrence, the deceased did not permit the appellant to sleep on that verandah. Retaliating to that refusal, appellant dealt a single stab blow to the belly of the deceased and as a result of that, intestine came out and the deceased died at the spot. The occurrence could be witnessed by two minor daughters of the deceased, inasmuch as, there was no other inmate in that house, he being a widower. Between the two minor daughters, the eldest one is deaf and dumb and the younger one was around 4 to 5 years old. On seeing the accused dealing the stab blow and the deceased falling down, the younger daughter rushed to the nearby neighbour Jhunu Suna (P.W.4), who was present in front of her house. She came and saw the dead body of the deceased and accused standing at a short distance under a tree and on her request P.W.5 Himirika Lasu detained the accused by tying him. The younger daughter of the deceased also went and intimated the incident to K. Telema, the younger sister of the deceased. She arrived at the spot and found the dead body of the deceased and the accused being detained. It is stated by the prosecution that accused made extra -judicial confession before the villagers and also gave recovery of the weapon of offence. M.O. -I, which was ceased in accordance with Section 27 of the Evidence Act. In course of investigation, the investigating Officer (P.W.8) sent the dead body for postmortem examination and Dr. M.V. Rama Chandra Rao (P.W.6) conducted postmortem examination and also examined M.O.I and proved the postmortem report, Ext.3 and two opinion reports, Exts. 4 and 5.