NAJU MALLIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the Judgment and Order Dated 05.05.1999 passed by the Learned Additional Sessions Judge, Parlakhemundi in Sessions Case No. 1 of 1997 (Sessions Case No. 390 of 1996 (GDC)) convicting the Appellant for commission of an offence under Section 302 I.P.C. and sentencing him for imprisonment for life.

(2.) THE case of the prosecution as reveals from the F.I.R. is that on 24.3.1996 at about 7.00 A.M., while the deceased was standing at his verandah, the Appellant suddenly arrived and shot an arrow at the deceased which pierced into his belly and came out from the back side and thereafter, the Appellant fled away from the spot. The deceased fell down with bleeding injury and removed the arrow by breaking the same. He was removed to Mohana Hospital and succumbed to the injuries at about 9.30 P.M. On these allegations, the F.I.R. having been lodged by P.W.2, investigation was taken up and charge -sheet was submitted for commission of offence u/s. 302 of the Indian Penal Code. The prosecution in order to prove the charge examined 11 witnesses but none was examined on behalf of the defence. The plea of the Appellant is denial of prosecution allegation. P.Ws 1, 3, 4 and 6 were examined as eye -witnesses to the occurrence and P.Ws 2, 5, 7 and 9 said about dying declaration made by the deceased before them. P.W.8 stated about previous enmity between the Appellant and the deceased. P.W.10 is the doctor who conducted the post -mortem examination and P.W.11 is the I.O. The Trial Court on the basis of evidence of eye -witnesses coupled with the dying declaration found the Appellant guilty of the charge and convicted him thereunder.

(3.) LEARNED Counsel for the State submitted that there is no material to disbelieve P.Ws 1, 3 and 4 and the evidence of P.W.6 stands on a different footing. The evidence with regard to dying declaration also does not suffer from any inconsistency and, therefore, the Trial Court was justified in relying on direct evidence as well as the evidence with regard to the dying declaration.