PRAFULLA PUJARI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment dated 07.06.2004 passed by the Ad hoc Addl. Sessions Judge, Jeypore, in Criminal Trial No. 72 of 2002, holding the accused -Appellant guilty of offence under Section 302 Indian Penal Code & convicting him thereunder.

(2.) THE case of the prosecution initiated on the basis of the FIR lodged by the widow of the deceased is that, on 15.07.2001 at about 7.30 a.m. in the morning, the accused by climbing the roof of the house of the deceased was trying to remove asbestos sheets. At this juncture, the deceased protested & asked him not to remove the same. The accused suddenly jumped from the roof & assaulted the deceased with a knife on different parts of his body, as a result of which the deceased fell down sustaining bleeding injuries. The wife of the deceased & his minor son, who were present at the spot raised hullah & on hearing the same, the people residing near by gathered at the spot. The accused after assaulting the deceased ran away holding the knife & some villagers chased him. Consequent to such assault, the deceased died at the spot. On receipt of such report, the same was registered as Damanjodi P.S. Case No. 64 of 2001 & investigation was taken up. During investigation, inquest was held over the dead body & the same was sent for autopsy. Statements of witnesses were recorded by the I.O. & sample earth, blood -stained earth & other materials were seized. The I.O. also seized the wearing apparels of the accused & his nail clippings, arrested the accused & remanded him to custody. The weapon of offence (knife) seized during investigation was sent to the doctor for opinion & the seized articles were sent for chemical examination. After completion of investigation, charge sheet was submitted against the accused.

(3.) THE prosecution examined 9 witnesses in support of the charges, out of which, P.W. 7 is the doctor, who conducted the post mortem on the dead body & P.W. 9 is the I.O.P. Ws. 1 & 2 are the minor son & widow of the deceased, who were present at the spot & are eye -witnesses to the occurrence. P.W.3 is the immediate neighbour of the deceased, who reached the spot immediately after the occurrence. He is also a witness to the inquest & seizure. P.W.6 is the elder brother of the accused & the deceased & P.W.8 is the scribe of the F.I.R.P. Ws. 4 & 5 are the persons, who chased the accused while he was running away with the knife & with their assistance, the accused was apprehended by the police.