LACHHMI SISA Vs. STATE

JUDGEMENT

(1.) THE Appellant has challenged the judgment passed by the learned Sessions Judge, Koraput, Jeypore convicting him under Section 302, I.P.C. for causing murder of Buda Muduli (hereinafter referred to as the deceased) during the night of 11th and 12th November, 1984 and sentencing him to undergo imprisonment for life.

(2.) PROSECUTION case in brief is that the deceased belonging to village Ondrayal had gone to village Khedaput to witness a Jatra. The Appellant who belongs to village Bhaliapadar stabbed him on the chest by means of a knife locally known as 'Kati', as a result of which, he sustained injuries and died instantaneously. After the assault, the Appellant left the place. The place of assault being near the house of P.Ws. 2 and 3 husband and wife respectively, they saw the occurrence and as a matter of fact the dead body of the deceased was found on the back side of their house. Information was lodged on 14 -11 -1984 by P.W. 1 with the Officer -in -charge of Machhakund Police Station (Ext. 9), after which investigation commenced and in course of it, the dead body was despatched for post mortem examination. After the Appellant was arrested it was found that he had sustained some injuries and so he was also sent to the Medical Officer for examination. While in police custody the Appellant gave information leading to the discovery of the knife (M. O. I.) The wearing appareis of the deceased, the Appellant, the knife and the nail scrapings of the Appellant were sent for chemical and serological examination. After completion of investigation charge sheet was submitted.

(3.) THE learned Sessions Judge on consideration of the prosecution evidence found him guilty of the offence of murder and convicted and sentenced him as already stated above.