JUDGMENT

M.S.Sahoo, J - The appellant, in the present Jail Criminal Appeal, Jhituku Paraja is aggrieved by the judgment of the learned Sessions Judge, Koraput at Jeypore dated 12.06.2014 convicting him for offence punishable U/s.302 of the Indian Penal Code, 1860 ( in short 'IPC'), convicted U/ss.235(2) of the Code of Criminal Procedure, 1973 (Cr.P.C. for short) and sentencing him to undergo imprisonment for life and to pay a fine of Rs.10,000/- (Rupees Ten Thousand) only, and in default of payment of fine to undergo rigorous imprisonment for one year, after completion of criminal trial No.1/2012 (arising out of G.R. Case No.476/2011, corresponding to Jeypore Sadar P.S. Case No.113 of 2011 committed by the S.D.J.M., Jeypore).

2. Before the learned Sessions Court, the appellant was the sole accused. The incident out of which the proceeding arose occurred on 06.09.2011 at about 11.00 P.M. in VillageKadamguda within the jurisdiction of Jeypore Sadar Police Station in the district of Koraput. The First Information Report ('FIR' for short) was lodged at about 8.15 A.M. on 07.09.2011. The I.I.C. Jeypore Sadar P.S., Koraput registered P.S. Case No.113 of 2011 and took up the investigation of the case.

3. The FIR written by one Ghenu Muduli (P.W.5) marked as Ext.2 before the learned Sessions Court, as per the statement of the informant-Somanath Pujari, written in Odia. Translated to English the FIR describes the following:-

'I, Somanath Pujari, S/O- Late Parsu Pujari, resident of Kadamguda, Police Station-Jeypore Sadar, Dist.- Koraput giving this written information that my father Parsu Pujari had brought and broken stones of Jhituku Paraja of our village, therefore Jhituku Paraja used to always quarrel with my father. Yesterday, Tuesday (Dt.06.09.2011) night at about 11 P.M., Jhituku Paraja while quarrelling with my father regarding the issue of breaking of stones near his house brought 'tangia' from his house inflicted cuts on my father's chest and face resulting in lot of bleeding. My father died immediately there. After seeing the same, me and my co-villagers Hari Pujari, Sunadhara Pujari and Chakra Muduli and others ran to Catch hold of Jhituku Paraja but he ran away in the darkness after throwing the 'tangia' at the place of occurrence. We searched a lot but could not find him. This incident has been also seen by the daughter of the accused, Soshi Paraja and son Suna Paraja. My father, Parsu Pujari died as Jhituku Paraja of our village inflicted cut injury on him with a 'tangia'.

Therefore, it is informed the culprit must be caught and punished.'

4. Prosecution alleged that the deceased Parsu Pujari and accused Jhituku Pujari, both inhabitants of village Kadamguda, were earning their livelihood by selling small stones after collecting and breaking bigger pieces of stone. It is alleged, some days prior to the occurrence the deceased had taken some big stones collected by the accused, had broken the same into small pieces and sold them, for which there was a quarrel between them. On the fateful night, i.e., on 06.09.2011 at about 11.00 P.M. there was a quarrel between the accused and the deceased, near the house of the accused relating to the issue of breaking and selling of stones by the deceased. The accused brought a 'tangia' from his house and gave blows on the chest and the face of the deceased that led to severe bleeding injury and the deceased died at the spot.

5. The prosecution narration further reveals at that time Somanath Pujari (P.W.2), son of the deceased, informant before the police, was present at some distance from the spot along with other co-villagers, namely, Hari Pujari, Sunadhara Pujari (P.W.6) and Chakra Muduli (P.W.3). They rushed to the spot and chased the accused. The accused-appellant vanished into darkness after throwing the weapon of offence : 'Tangia' at the spot and they could not catch hold of him.

6. It is further narrated that after the FIR was lodged on 07.09.2011, the Inspector-in-charge of Jeypore Sada