RATHA SAUNTA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Appellant has assailed the judgment and order dated 25.06.1999 passed by the learned Additional Sessions Judge, Jeypore in S.C. No. 87 of 1997 convicting him under Section 302 I.P.C. and sentencing him to undergo imprisonment for life.

(2.) THE case of the prosecution is that on 09.08.1996 at 11.00 A.M. P.W.4 lodged an information before the O.I.C., Raighar Police Station alleging therein that on the previous evening the present Appellant came near the house of the deceased Bilu Saunta and scolded him alleging that in the Appellant's absence the deceased was fornicating the former's wife. The deceased protested saying that it was a false allegation and an altercation ensued between them in course of which the Appellant went towards his new house and the deceased followed protesting. P.W.6, the widow of the deceased, also followed them. After reaching his new house, the Appellant picked up an axe and gave a blow to the neck of the deceased. As a result, the deceased fell down and died on the spot. On receipt of the information, the police registered a case, proceeded with the investigation and after its completion submitted charge sheet against the Appellant under Section 302 IPC.

(3.) IN order to prove its case, the prosecution examined as many as eight witnesses including the doctor and the I.O. The defence examined none.