SHYAM SINGH ALIAS BABAJI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Appellant having been convicted for commission of offence under Sec. 302 Indian Penal Code and sentenced to undergo rigorous imprisonment for life by the Learned Additional Sessions Judge, Jajpur in Sessions Trial No. 225/18 of 1996, has preferred this appeal against the order of conviction and sentence.

(2.) The prosecution case as revealed from record is that on 22.1.1996 the Appellant had rebuked the deceased -Banalata calling her as a witch. As a protest against such allegation, Banalata requested the villagers to call a meeting on 23.1.1996. The meeting was called on 23.1.1996 at 6.00 A.M. in the morning. It is further alleged in the F.I.R. that Banalata on the date of meeting went from house to house to call everyone to attend the meeting. On the way she also went to the house of the Appellant and called him to attend the meeting. The Appellant did not agree to attend the meeting as a result of which there was an altercation between the Appellant and Banalata and in course of such altercation, Appellant is alleged to have stabbed Banalata by means of a knife on her neck and back. It is further alleged that the Appellant after stabbing Banalata, ran out of the house with the knife in his hand and entered into the house of one Gora Singh. The villagers caught hold of the Appellant and handed him over to the police. On these allegations, the First Information Report having been lodged and the case having been registered for commission of offence under Sec. 302 Indian Penal Code, investigation was undertaken. After completion of investigation, charge -sheet was filed for commission of the said offence.

(3.) In course of trial, prosecution examined nine witnesses to prove the charge; but none was examined on behalf of the Appellant.