URDHABA GOUDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) ADDL . Standing Counsel. On 18.1.2013, the appeal was heard and judgment dictated in Court. Appeal was allowed in part converting the offence under Section 302,I.P.C. to one under Section 304 Part -I, I.P.C. and modify the sentence. Release order communicated. The reasons of the judgment follow:

(2.) THE appellant having been convicted for commission of offence under Section 302 of I.P.C and sentenced to imprisonment for life and to pay a fine of Rs.2000/ -, in default to undergo rigorous imprisonment for a further period of one year and the period undergone as U.T.P. be set off against the substantive sentence under Section 428 of the Cr.P.C. by the learned Additional Sessions Judge, Jeypore, in Sessions Case No.21 of 1999 (Sessions Case No.259 of 1998 on the file of the Sessions Judge, Koraput -Jeypore) has preferred this appeal against the said order of conviction and sentence.

(3.) THE prosecution case in nut -shell is that the accused Urdhaba and deceased Madhaba Prasad Nayak were in inimical terms. On 1.6.1998 at 7 P.M. while the accused was present near the shop of one Balya Krishna Nayak, the deceased came there and abused him. For that reason, the accused gave two slaps to the deceased. The persons present there intervened in the matter and separated them. Later that night, at 8 P.M. the deceased came towards the house of the accused and shouted A GOUDA MOTE MARIBU PARA AA AA MARE . Hearing this, the accused became enraged, picked up a knife from his Tea Stall and then stabbed the deceased on the back of his neck, as a result of which the deceased sustained bleeding injury on his neck and fell down. Then the accused gave 3 to 4 blows by means of the said knife on the back of the deceased. Seeing this incident, wife, brother, borther -in -law of the deceased rushed to the spot and seeing them the accused fled away from the spot taking the knife with him. The deceased before breathing his last, stated that he had been assaulted by the accused Urdhaba. That night itself, the elder brother of the deceased lodged F.I.R. before the O.I.C., Boriguma Police Station, who registered P.S. Case No.62 of 1998 and took up investigation. In course of investigation, the Investigating Officer examined the witnesses, recorded their statements, visited the spot, prepared spot map, held inquest, arrested the accused, made arrangements for shifting the dead body for post mortem examination and also sent the seized articles for chemical examination. While in custody, the accused disclosed about the concealment of the weapon of offence before the I.O. and led to discovery of the weapon of offence which was seized. After completion of investigation, the I.O. submitted charge sheet against the accused under Section 302 of I.P.C.