MANDINGI MAJHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD and the judgment is as follows :

(2.) APPELLANT faced trial in the Court of Addl. Sessions Judge, Rayagada for the offence under Section 302, IPC on the allegation of committing murder of his elder brother. As per the judgment delivered on 05.03.2005, learned Addl. Sessions Judge found him guilty under Section 304 Second Part, IPC and accordingly sentenced him to undergo rigorous imprisonment for six years.

(3.) LEARNED counsel for the Appellant argues that the evidence of P.W.2, who was the solitary eye -witness to the occurrence to the occurrence, is not acceptable because she is a highly interested witness being the wife of the deceased. That argument raised by the Appellant in the Court below was repelled and rightly so. She being an interested witness would not try to rope innocent person like the Appellant in the absence of any motive or enmity with the accused. Therefore, when the factum of homicidal death is established and the evidence of P.W.2 is clear and clinching that Appellant is the assailant, there is nothing to interfere with the order of conviction.