SUKRA KILLA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appeal is directed against the judgment and order of the learned Session Judge, Koraput, Joypere convicting the appellant under Sections 302 and 201 of the Indian Penal Code and sentencing him to imprisonment for life.

(2.) Prosecution case may be briefly stated thus. On 11-4-82, P.W. 1 accompanied by P.W. 2, the Grama Rakht and two others reported at Orkel Police Station that on the previous day (10-4-82) at about 9 a.m. while he (P.W 1) along with Munda Muduli, Dhokulu Sisa and P.W. 3 Kandra Chalan were sitting together, the appellant being in a drunken state told them that he had killed his BhanajaT by name Kandra Chalan about 15 days back. Hearing this P.W. 1 sent for P.Ws. 4, 5 and a few others, and thereafter they convened a panchayati which was also attended by the appellant. The appellant stated there that the deceased Kandra quarreled with him regarding wages and threatened to bum down his house and to assault him about one and half months back and absconded about eight days thereafter. His house was actually gutted by fire. He suspected the deceased and tried to trace him out, but could not find him. About 15 days thereafter as he met the deceased accidentally inside the village jungle, he dealt four Tangia blows on his head as a result of which the deceased died, where after he buried him inside a ditch and came away. The A.S.I. of Police, Orkel P.S. recorded the F.I.R. and registered a case against the appellant under Sections 302 and 201 of the Indian Penal Code and took up investigation. He arrested the appellant and made seizure of some burnt bone, hairs and cloth said to be of the deceased (M.Os. I, II and III). He also made seizure of a Tangi being produced by the accused appellant and some cloth said to be worn by deceased at the material time. In course of investigation as the appellant gave out the name of another accused by name Guda. P.W. 7 also arrested him. P.W. 8, the Officer-in- Charge of the P.S. took charge of the investigation of the case from P.W. 7. On 6-5-1982. He reexamined the witnesses, continued the investigation, took steps in forwarding the material objects for chemical examination and serological test. On completion of investigation, he submitted charge-sheet against the appellant and the other accused Guda Muduli (Since acquitted by the Trial Court).

(3.) The plea of the appellant is one, of total denial. He has denied to have made any extra judicial confession before the witnesses P.Ws. 2 to 6. He has also stated that he did not give recovery of any of the materials objects said to have been recovered at his instance.