STATE OF ORISSA Vs. RABI HONTAL

JUDGEMENT

(1.) STATE of Orissa has filed this appeal, inter alia, assailing the judgment and order of acquittal passed by the learned Sessions Judge, Koraput in Sessions Case No. 15 of 1996.

(2.) BEREFT of all unnecessary details short fact as would be evident from the FIR is that on 08.10.1995 at about 6 P.M. the informant, his mother and one Ludu (P.W. 2) were present in the verandah of the house of Sabina. It is said Sabina who happens to be the mother of the informant was talking to Ludu. At that juncture, the accused started abusing his mother in filthy languages. The mother thereafter asked the accused as to why he was scolding her. It is said the accused suddenly become enraged went inside the house, picked up a knife, came out and stabbed Sabina indiscriminately thereby causing several injuries. Consequently Sabina fell flat in a pool of blood. Noticing the incident P.W. 1 rushed to his sister's house and informed the fact to his brother -in -law (P.W. 4) and both of them went to the police station and filed an F.I.R. After receiving the F.I.R., the Investigating Officer came to the spot and sent Sabina on medical requisition to Sunabeda Hospital, where she succumbed to the injuries. In course of investigation, the police seized the blood -stained earth and other materials, arrested the accused and submitted charge sheet in the court of S.D.J.M., Koraput, in G.R. Case No. 625 of 1995.

(3.) THE plea of the defence was complete denial. It was further contended that the accused had previous enmity with the deceased and as such a false case has been foisted against him. In order to substantiate its case, prosecution got examined 8 witnesses and exhibited 6 documents. No witnesses was examined on behalf of the defence.