SANYASI PALASI @ SANIA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Appellant has been convicted for commission of offence under Section 302 I.P.C and sentenced to imprisonment for life by the Sessions Judge, Koraput -Malkangiri -Rayagada -Nabarangpur at Jeypore, in Sessions Case No. 142 of 1996.

(2.) THE case of the prosecution is that on 04.01.1996 a pig belonging to the accused -Appellant entered into the bari (back -yard) of the deceased and damaged the vegetable plants. The deceased shot an arrow at the pig and the pig ran away. On that day at about 8 P.M. while the deceased was sitting on a cot lying on the outer -verandah along with his wife, the accused -Appellant came and dragged the deceased by holding his hand. In the process, he took him to the back side of his house and gave a blow by a knife to his chest. The wife of the deceased, who was coming behind them, saw the incident. The deceased brought out the knife from the wound but succumbed to injury. The wife of the deceased went to the Head -man of the village and narrated the incident in the Panchayat. She also showed the knife to the Punch members. Thereafter, she went to Kudumulugumma Out -post and lodged the report. The A.S.I. of Police, who was in -charge of the Out -Post registered the case and I.O. (P.W.5) investigated into the matter and on completion of the same submitted charge -sheet against the present Appellant for commission of offence under Section 302, I.P.C.

(3.) IN order to prove its case, prosecution examined as many as five witnesses. P.W.1 is the widow of the deceased and the informant in this case. P.W.2 is the Headman of the village. P.W.3 is the wife of the Appellant. P.W.4 is the doctor, who conducted autopsy and P.W.5 is the I.O. Prosecution also exhibited fifteen documents including the chemical examination report. Defence examined none.