SUNARAM GOALA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of the learned Sessions Judge, Sundargarh in S.T. No. 180 of 1996 convicting the Appellant for commission of offence under Section 302 of the Indian Penal Code (in short 'IPC') and sentencing him to imprisonment for life.

(2.) CASE of the prosecution, as revealed from the record, is that the Appellant and the deceased are co -villagers being resident of village Kokerama under the Bisra Police Station in the district of Sundargarh. It is alleged that since the Appellant was suffering from colic pain continuously, he suspected the deceased to have applied witch craft on him. On 06.12.1994 when the deceased had gone to the house of one Saibani for trashing the paddy, finding her coming out from the house of the said Saibani, the Appellant attacked her by means of a Barsi and fled away from the spot. This was witnessed by small children, who shouted saying that the Appellant had killed the deceased. Hearing hullah of the children, the informant came out of his house and also found the Appellant leaving the spot with barsi being followed by his mother. The deceased had already succumbed to the injuries by then. The informant, P.W.1 thereafter came to the Police Station along with Grama Rakshi and lodged the F.I.R. Investigation was taken up and on completion of investigation, charge sheet was filed for commission of offence under Section 302 IPC and also under Section 3(1)(V) of the S.C. & S.T. (P.A) Act.

(3.) LEARNED Counsel for the Appellant assails the impugned judgment on the ground that the Appellant has been convicted on suspicion, surmise and conjectures. According to the learned Counsel, there is no evidence worth credence on the basis of which an order of conviction can be based and the circumstantial evidence alleged to have been proved by the prosecution does not complete chain so as to point at the guilt of the Appellant and therefore, the Appellant should have been acquitted of the charge under Section 302 IPC also.