L.Mohapatra, J. - (1.)This appeal at the instance of the State is directed against the judgment and order recorded by the learned Sessions Judge, Koraput-Jeypore in Sessions Case No. 110 of 1994 acquitting the respondent of the charge under Section 302,I.P.C.
(2.)The case of prosecution is that on 28.11.1993 in the evening while the informant (P.W. 1) was in his threshing-floor, his wife, P.W.2, informed him that the respondent stabbed the deceased (his younger brother) and the deceased was lying dead in front of their house. After receiving the information, P.W.1 came to the spot and found the deceased lying dead in front of his house. He noticed bleeding injury on the chest of the deceased. He also saw the respondent sitting near the dead body. A Panchayat was convened and in presence of the villagers and the Panchayat, on being questioned, the respondent confessed to have killed the deceased by means of a knife. After the respondent confessed his guilt and produced the weapon of offence, he was kept on guard by the villagers and police was informed by P.W.1, after which a formal F.I.R. was registered, investigation was taken up and on completion of investigation, charge sheet was submitted for commission of offence under Section 302, I.P.C.
(3.)The prosecution, in order to prove the charge, examined nine witnesses but none was examined on the behalf of the respondent.