MARKUS BILUNG Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the judgment passed by the learned Additional Sessions Judge, Rourkela, convicting the appellant for an offence under section 302 of Indian Penal Code (TIPC for short) and sentencing him to undergo imprisonment for life.

(2.) The facts of the Prosecution case may be recounted in brief. The appellant belonging to village Baunsajora-Tunguritoly lived with his widowed mother (P.W. 2). His paternal uncle (hereinafter referred to as the deceased), a widower lived in the same village, but in a separate house of his own along with his daughter (P. W. 3). It is alleged that on 4.4.1983 at about 4.00 p m. the appellant stabbed the deceased several times on the chest, abdomen and different parts of his body by means of a knife (M.O. IV) while the latter had come to his house. As a result, the victim died instantaneously. The appellant thereafter proceeded to Hatibari Police Out Post, produced the blood stained knife and surrendered to custody. P.W. 1, a co-villager received information about the assault and death from the daughter of the deceased and lodged FIR (Ext. 1) almost simultaneously at Hatibari Police Out-Post. Within hours the investigating officer arrived at the place of occurrence, commenced investigation and after close thereof submitted charge-sheet against the appellant.

(3.) The plea of the appellant was denial simpliciter.