NIRANJAN KONHAR AND Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 29.09.1999 passed by the learned Sessions Judge, Kandhamal -Boudh at Phulbani in ST. No. 61 of 1998 convicting the appellants under Section 302 of the Indian Penal Code read with Section 34 of the Code and sentencing them to undergo imprisonment for life.

(2.) THE case of the prosecution is that on 22.03.1998 at about 3.00 PM both the appellants and one Birendra Konhar dealt slaps as well as fist and kick blows to the deceased Rajeswar Konhar at Manindi hills as a result of which the deceased became unconscious. It is further alleged that at about 5.00 PM again appellant No. 1 Niranjan Konhar with the help of appellant No. 2 Bibachha Konhar assaulted the deceased by means of a tangia (axe). Due to such assault the deceased sustained severe injuries on his neck and died at the spot. Thereafter, the accused persons removed the dead -body from the spot and kept it concealed near a SALAPA tree. On the next day, i.e., 23.03.1998 at about 11 AM the wife of the deceased, namely, Tilottama Konhar lodged written report before Khajuripada police station. On receipt of such information, a case was registered, investigation commenced and after its closure charge -sheet was filed against the appellants and one Birendra Konhar under Section 302/34, IPC.

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