DAMU @ HEDU PENTIA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE judgment and order of conviction dated 2nd July, 2004 passed by learned Sessions Judge, Koraput at Jeypore in Criminal Trial No. 264 of 2002 convicting the Appellant under Section 302, IPC and sentencing him to undergo R.I. for life is assailed in this Criminal Appeal.

(2.) THE prosecution was set to motion on the basis of an F.I.R. filed by one Kalia Santa on 5.8.2002 at B. Singhpur Police Station of Koraput District. According to prosecution case on 5th August, 2002, which was a Monday, in the after -noon, Rukuna Santa had been to the house of accused -Appellant to collect the loan advance to him. In course of discussion, altercation cropped up and the Appellant quarreled with said Rukuna and created disturbances. At that juncture, the villagers like Lachu and Chingudu Paraja intervened and Rukuna Santa left the place. Some time thereafter, the Appellant took tea in his house and left the village. The Appellant's wife told the informant that her husband went out holding an axe informing her that he is going to murder Rukuna. On coming to know about the said fact, Chandra Halwa (P.W. 7) went in search of the Appellant. On the way he found the Appellant returning with the axe in his hand. On being asked, he told the informant and Ors. that he was returning after murdering Rukuna Santa near the mango tope in Pilatota near village Jhingiriput and went to his house holding the axe. On coming to know about the said fact, P.W. 7 and the informant went to the spot at about 6.00 P.M. and from a distance found that Rukuna was lying on the ground sustaining profuse bleeding injury on his head. Seeing the said incident, P.W. 7 and Ors. became afraid and returned back. It is further stated that one Ghasi Goudo of village Jhingiriput while going to cut grass saw two persons running away from the aforesaid area and on the next morning Todi Santa and Ganga Santa of village Bendraguda while going to Tuesday weekly market saw the dead body and being frightened left the place. On the basis of the F.I.R., B. Singhpur P.S. Case No. 45(1) of 2002 was registered and police commenced investigation, inquest was made on the dead body, materials were seized, statements were recorded and the dead body was sent for post mortem. After completion of investigation, charge -sheet was submitted in the Court of learned SDJM, Koraput in G. R. Case No. 539 of 2002. On being satisfied from the records produced by the police, learned SDJM committed the case for trial.

(3.) IN order to prove the case, the prosecution got examined 10. witnesses and exhibited 15 documents. Eight material objects including the wearing apparels were marked. Out of the prosecution witnesses, P.Ws. 1 to 7 were the residents of the same village. P.W. 8 is the doctor, who conducted post mortem. P.W. 9 is the police constable, who carried the dead body to the hospital for post mortem. P.W. 10 is the O.I.C., B. Singhpur Police Station. From the side of the defence, no witnesses was examined.