JHURI GOUDO Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 23.08.1999 passed by the learned Sessions Judge, Kandhamal Boudh at Phulbani in ST. No. 75 of 1998 convicting the Appellants under Section 302 of the Indian Penal Code read with Section 34 of the Code and sentencing them to undergo imprisonment for life.

(2.) THE case of the prosecution is that on 16.03.1998 at about 9.00 P.M. both the Appellants by means of Sal and Bamboo lathis brutally assaulted deceased Kalaram Goudo, the brother of Appellant No. 1 and uncle of Appellant No. 2, when he was taking food on his verandah. Thereafter, they took him to a nearby jack fruit tree, made him lie on the ground and dealt blows all over his body by lathis, as a result of which he succumbed to the injuries at the spot. The Appellants also brought the dead body of the deceased and threw it on the cot lying on his verandah. The Gramrakhi, on being informed, came to the spot and guarded the dead body. Thereafter, son of the deceased went to Baliguda P.S. and lodged FIR. on 17.03.1998 at 9.25 A.M. On receipt of the FIR, a case was registered, investigation commenced and on its completion charge sheet was submitted against both the Appellants under Section 302/34 I.P.C.

(3.) IN order to prove its case, the prosecution examined as many as seven witnesses. P.W.1, the son of the deceased, is the informant and an ocular witness. P.W.2 is the wife of the deceased and also a witness to the occurrence. P.W. 3 is the younger brother of the deceased. P.W.4 is the constable and a witness to the seizure. P.W 5 is the doctor, who conducted post mortem examination. P.W.6 is the constable who escorted the dead body for the post mortem examination. P.W.7 is the investigating officer. The defence examined none.