Decided on April 08,2021

Kondagiri Dangeya Appellant


D.Dash,J. - (1.) The Appellant having faced the Trial in the court of learned Sessions Judge, Koraput in C.T. Case No. 196 of 2003 for commission of offence under section 302 of the Indian Penal Code (for short, the IPC ), has been convicted thereunder and sentenced to undergo imprisonment for life. Being aggrieved by the said judgment of conviction and order of sentence, he has filed the Appeal. The Hon ble Division of this Court having heard the Appeal delivered the judgment. The Bench delivered two judgments. While one of the Hon ble Judges is of the opinion that the Appellant has been rightly convicted by the Trial Court for commission of offence under section 302 of the IPC and sentenced to imprisonment for life; the other Hon ble Judge in expressing the difference of opinion having arrived at a conclusion that the Appellant is not guilty of the commission of offence under section 302 of the IPC, has held him guilty for the offence under section 304, Part-I of the IPC and accordingly, he has been sentenced to undergo rigorous imprisonment for a period of ten years. The matter is thus placed before me as provided under sections 370 and 392 of the Code of Criminal Procedure as per the order of the Hon ble The Chief Justice.
(2.) Facts as are necessary run as under:- The Appellant and the deceased on the relevant date and time were returning to the house of the deceased. They had taken liquor from the village beforehand. At one place near the hut of one Pidika Erapa (P.W.3), the Appellant and the deceased started abusing one another. It is stated that the Appellant assaulted the deceased on the head and face by means of a lathi. He also assaulted the deceased by that lathi on other parts of his body. The deceased then fell down and died. P.W. 3 is said to have seen the entire incident having come out of his hut, hearing the shout. After having assaulted, the Appellant fled away. This P.W. 3 then disclosed the occurrence before the son of the deceased who in turn lodged the information at Bondhugaon Police Outpost and that led to the registration of criminal case against the Appellant and commencement of investigation thereof. The Appellant being arrested after two days while in police custody is said to given recovery of the weapons of offence i.e. lathi and two pieces of stone. The defence plea is that of denial.
(3.) The Trial Court placing the reliance upon the evidence of P.W. 3, further receiving corroboration from other material including medical evidence has held the Appellant guilty of murder. The nature of death as homicidal has been well proved by the prosecution by leading evidence, more importantly the evidence of doctor P.W. 7 who had conducted post mortem examination over the dead body. ;

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