KHETRA DEHURY @ SABAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Appellant having been convicted for commission of offence under Section 302 I.P.C. and sentenced to imprisonment for life by the learned Sessions Judge, Sundargarh in S.T. Case No. 115 of 1998, has preferred this appeal from jail.

(2.) THE case of the prosecution is that on 31.12.1997 at about 8 P.M., the accused -Appellant and his wife (deceased) came to their house situated at Sidima, a hamlet of village Kododiha under the Koida Police Station under the influence of liquor. Due to some reason, there was altercation between them. The accused -Appellant assaulted the deceased by means of a wooden plank in presence of their son Jethu Sabar. When he protested, the accused -Appellant threatened him. The nearby witnesses, namely, Laxmidhar Barik, Satali Mahakud, Para Barik and others protested but the accused -Appellant threatened to assault them. Due to such assault, the deceased died. The witnesses fearing for their lives, fled away from the spot and reported to one Kabi Barik (P.W.1), who came and found that the deceased was lying dead inside the house and the accused was sleeping in a drunken state. Thereafter, a report was lodged. Police took up investigation and on completion of the same filed charge -sheet against the accused Appellant under Section 302 I.P.C.

(3.) IN order to prove its case, prosecution examined as many as nine witnesses including the doctor and I.O. and exhibited eleven documents, whereas none was examined on behalf of the Appellant.