JAGANNATH PURTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant having been convicted for commission of offence of murder under Section 302 I. P. C. and sentenced to undergo R. I. for life by the learned addl. Sessions Judge, Rairangpur in S. T. Case No. 12/102 of 1996-97 has preferred this appeal.

(2.) PROSECUTION case in nutshell is that on 19. 2. 1996 at about 5. 00 p. m. , the appellant committed murder of the deceased Jatia maharana by means of an arrow (M. O. IV)shot from his bow. It is alleged that one year prior to the occurrence when the appellant kept PW5's daughter in his house, PW5 and deceased brought her back upon which the appellant had threatened the deceased and pw5's family members. Having been informed regarding the detection of the dead body of the deceased, the informant PW1 who was discharging the duties of Gram rakhi came to the spot and found that the deceased had been killed by an arrow shot. In PWl's verbal report, PW 15, A. S. I, of police, Badampahad P. S. prepared the f. I. R. Ext. l and registered the case which was investigated by PW15 as well as PW12, the O. I. C. of Badampahad P. S. On completion of investigation, charge-sheet was submitted against the appellant under Section 302 I. P. C. and the appellant faced trial thereunder.

(3.) THE appellant took the plea of denial. In order to establish the charge, prosecution examined fifteen witnesses. Defence also examined one witness. Out of fifteen prosecution witnesses, PWs. 5,6,7,8,9,10 and 11 do not support the prosecution case in any manner. Out of them, PWs. 5,6, 7,8 and 11 were declared to be hostile witnesses. PW1 the informant is a post occurrence witness. PW2 is the doctor who conducted postmortem examination over the deceased's dead body. PWs. 3,4 and 14 depose regarding recovery and seizure of articles at the instance of the appellant. PW13 deposes to have seen the appellant soon after the occurrence near the deceased with an arrow stuck to the body. PWs. 12 and 15 are Investigating Police Officers.