MASI SANTA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE judgment passed by learned Sessions Judge, Koraput/Nabarangpur/Rayagada/Malkangiri at Jeypore in S.C. Case No. 183/1996 convicting the Appellant under Section 302 IPC and sentencing him to undergo imprisonment for life is assailed in this appeal by the Appellant, who is in custody.

(2.) THE incident took place way back in the year 1996. According to the prosecution on 23.5.1996 at about 2.00 P.M. the Appellant along with Kusta Santa, Majhi Santa and Sadu Santa returned home from Umerkote weekly market. The wife of Masi Santa asked him as to whether he has brought "Ladu" and "Lia" for the children from the market. Masi Santa answered in negative and said that he had no money. Thereafter a quarrel ensued between the husband and wife. At that juncture Sadu Santa (a neighbour) came and questioned Masi as to why he is quarreling with his wife. Being enraged by such interruption Masi Santa lifted a lathi lying in front of his house and gave a blow on the head of Sadu Santa, consequently he sustained bleeding injury and succumbed to the said injury. People standing nearby caught hold of Masi Santa and took away the lathi from his hand. At the intervention of some of the local people a "Panch" was called in the village and it was alleged that before the "Panch" the accused confessed to have killed the deceased. Lala Santa (P.W.1) reported the matter orally at Jharigaon P.S. The said report was reduced to writing and was registered as P.S. Case No. 10/1996. The Officer -in -charge thereafter proceeded with the investigation and in course thereof examined the witnesses, visited the spot seized the weapon of offence, collected the blood stained earth, seized the lungi of the accused and wearing apparels of the deceased, sent the seized materials for chemical examination, held inquest of the dead body and sent the same for post mortem examination and after arresting the accused and completing investigation submitted charge sheet in the Court of learned J.M.F.C, Umerkote in G.R. Case No. 183/1996. Learned J.M.F.C. after verifying the police records and on being satisfied that a prima facie case is made out, took cognizance of the offence and committed the case for trial.

(3.) LEARNED Sessions Judge, after vivid discussion of the evidence in extenso came to the conclusion that the prosecution was able to establish their charges against the accused beyond all reasonable doubts, found him guilty under Section 302 IPC and convicted him thereunder. The said judgment and order of conviction is assailed mainly on the ground that there is no material evidence to connect the Appellant with the alleged crime. It is stated that learned Sessions Judge has not considered the evidence carefully and the conclusions arrived at are based more on surmises and conjectures than merit of the evidence. According to the Appellant the evidence adduced is full of contradictions and it is a fit case where the order of -conviction needs to be set aside.