CHAKRA PARAJA @ JANI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Appellant has been convicted under Section 302, IPC and sentenced to undergo imprisonment for life by the Sessions Judge, Koraput at Jeypore by his judgment and order dated 29.04.1999 passed in Sessions Case No. 131 of 1997

(2.) THE prosecution case in brief is that on 01.02.1997 the deceased had been to Dayanidhiguda to work as a labourer on the Railway line along with Suna Paraja, Jagannath, Kalia, Ganju, Shiba and Kanda. In the evening, they went to the house of one Sukaldei of village Bhitar Margara with a view to stay there as they thought that night would fall if they proceed to their village. They took meal in the house of Sukaldei. After taking meal, the deceased, Suna, Ganju and Jagannath came out of the house while others were taking dinner. At that time, deceased started preparing tobacco (khaini). The accused came there and asked the deceased to supply Khaini. When he refused, the accused got annoyed and abused him in filthy language. The accused then went to his house and again came there by covering his body with a Chadar. Suddenly gave a blow with a knife to the right side chest of the deceased and fled away from the spot. The deceased fell down on the ground and after some time succumbed to the injuries. P.W.1 went to Koraput Sadar police station and reported the incident orally which was reduced to writing by the Officer -in -charge. The same was treated as FIR, investigation was taken up and on its completion, charge -sheet was filed against the accused under Section 302, IPC.

(3.) IN order to prove its case, prosecution has examined as many as 8 witnesses including the doctor and the I.O. and exhibited 15 documents, but the defence examined none.