MANDANGI RAJU Vs. STATE OF ORISSA

JUDGEMENT

(1.) ALLEGING that the Appellant Mandangi Raju (hereinafter referred to as the 'accused') was responsible for the homicidal death of Mandangi Bhaskar (hereinafter referred to as the 'deceased') law was set into motion, trial was conducted and judgment of conviction was passed by the learned Additional Sessions Judge. Rayagada holding that he was guilty of offence punishable under Section 302 of the Indian Penal Code, 1860 (in short, 'I.P.C') and sentence of imprisonment for life was imposed.

(2.) THE accused faced trial along with another named Palaka Jayaram, who has been acquitted. Originally both the accused persons were prosecuted for commission of offence punishable under Section 302 read with Section 34. I.P. C. and under Sections 25(1)(a), 26 and 27 of the Arms Act. (in short the 'Arms Act'). Prosecution version in a nut -shell is as follows:

(3.) ELEVEN witnesses were examined to further the prosecution case. The accused persons pleaded innocence and two witnesses were examined by them. Learned trial Judge found the accused -appellant guilty primarily relying on the circumstantial evidence including the extra -judicial confession stated to have made by accused persons. Learned trial Judge did not, accept the plea of accused, persons that the case is covered under illustration (c) to Section 299, I.P.C. However, acquittal of co -accused Palaka Jayaram was directed.