NANGA MADI Vs. STATE OF ODISHA
HIGH COURT OF ORISSA
STATE OF ODISHA
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(1.) In this appeal, the sole appellant assails the judgment passed by the learned Adhoc. Addl. Sessions Judge (FTC), Malkangiri convicting him for the offence under Section 302 of the Indian Penal Code, 1860, hereinafter referred to as the 'Penal Code', and sentencing him to undergo imprisonment for life and to pay a fine of Rs.5,000/-, in default to undergo rigorous imprisonment for six months in Criminal Trial No.2 of 2006, as per the judgment dated 26.07.2006.
(2.) On 15.06.2005, the accused had quarreled with the deceased at about 8 'O' clock. Then, the accused shot the deceased by means of an arrow, which pierced the upper belly of the deceased. When he fell down, the appellant gave blows by means of a tangia, which he was holding. As a result of the assault, the deceased died at the spot. This incident was witnessed by one Buari Manguli. This matter was informed to P.W.6, Aita Madkami, who then went to the spot and found the dead body of the deceased lying with an arrow pierced to his body and a bow and an axe lying there. On the next day, a report was lodged before the OIC, Malkangiri Police Station. The Investigating Officer registered the police case and took up investigation. In course of investigation, he examined the informant P.W.4, other witnesses, made several seizures, dispatched the dead body for post-mortem examination, collected material objects, sent them for chemical examination and after completion of investigation, finding a prima facie case submitted charge-sheet against the appellant under Section 302 of the Penal Code.
(3.) The plea of defence was of complete denial.;
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