SARU JANI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the judgment and order of the learned Addl. Sessions Judge, Jeypore, Koraput dated 18.6.1999 in S.C. No.4 of 1998 convicting the appellant for commission of offence under Section 302 of Indian Procedure Code and sentencing him to imprisonment for life.

(2.) The case of the prosecution is that on the date of occurrence the deceased Dulabha Jani had gone to Padaguda Weekly (Hutto) but did not return back. Information was given by Andru Jani-P.W.1 to the Officer-in-Charge, Dasamantpur Police Station and a Station Diary Entry was made. The relatives of the deceased and the villagers went in search of the deceased and reached Raniguda on 05.02.1997. The co-accused Dasuru Jani revealed before them that he and the appellant as well as P.Ws.5 and 6 had been so Sunabeda to sell charcoal. While returning they had liquor in the village Lamatapqt. At that time the deceased came. The present appellant asked the deceased to accompany them ad on the way the appellant killed the deceased by means of a 'Bangia Kaudi Badi'. Receiving this information P.W.1 again proceeded to the Police Station and found the Investigating Officer-P.W.10 in the village Raniguda. Therefore, he made an oral report before him, which was reduced to writing and investigating was taken upon. On completion of investigation charge sheet was submitted against the appellant and co-accused Dasuru Jani for commission of offences under Sections 302/201/34 of I.P.C. and both of them faced trial for commission of the said offences.

(3.) The prosecution in order to prove the charge examined as many as eleven witnesses. P.W.1 is the informant and P.Ws.2 to 4 are the co-villagers of the deceased. P.Ws.5 and 6 were examined as eyewitnesses to the occurrence and P.W.7 is the Doctor, who conducted the postmortem examination. P.Ws.8 and 9 are the two witnesses to seizure and P.W.10 is the Investigating Officer. P.W.11 is the Constable, who accompanied the dead body for postmortem examination.