HARDEORAM XALXO Vs. STATE

JUDGEMENT

(1.) This appeal arises out of a judgment dated 20.6.1997 passed by the learned Sessions Judge, Andaman and Nicobar Islands, Port Blair in Sessions case No. 26 of 1995, whereby and whereunder the said learned Sessions Judge convicted the appellant for commission of offence under section 302 of the IPC and sentenced him to undergo rigorous imprisonment for life.

(2.) Shortly stated, the prosecution case is as follows :- The appellant is the nephew of husband of the first informant. The deceased was her husband. The first informant, the deceased and family were residing in the Corbyn's Cove Quarry village. The appellant was also a resident of Corbyn's Cove and his place of work was at Ross Island. Allegedly he used to demand money from the husband of PW.1 (Sukmoni Toppo) very often. On 15.1.1995 at about 5 PM when their grandson Manoj had gone out for playing, the appellant came there and demanded money from the deceased. But he was refused and advised him to do work properly to maintain his livelihood. They began conversation in their matter and at about 7 P.M. the deceased sought for night meals from the first informant, which was served. While the deceased was taking his meal, conversations between him and the appellant were going on and in course thereof, the appellant threatened the victim to kill him, whereupon P.W.1 tried to dissuade him. She tried to come near the accused and advanced towards him but the appellant quickly picked up the axe which was kept by the side of the bicycle inside the very room and hit the deceased on his head, as a result whereof deceased sustained bleeding injuries and fell down on the floor unconscious. The P.W.1 again requested the appellant not to make any further assault but he kept on inflicting blows; whereupon she started crying and shouting. The appellant thereafter fled away with the axe. The first informant (PW.1) also followed him shouting and crying that the appellant had killed her husband. On hearing her cries her son-in-law Kaleshwar Kujur PW.2 came out of his 'jhopri' and the incident was narrated to him. In the meantime Arjun Sai, PW. 3, Bisweshwar and Parasnath Goyal (PW.6) also came to the jhopri of the victim and learnt about the incident from PW.1. PW.3 went out to bring a taxi. P.W.6 Parashnath and Bisweshar also went out to apprehend the accused. Accused was apprehended by the P.W.2 Kaleshwar Kujur from inside the thick bushes near the railing of the residence of Cycilia (P.W.8). After about half an hour, PW.2 Kaleshwar Kujur came and reported that the accused had been caught and was in the custody of PW.6. P.W.1 wrapped the head of the deceased with a towel. After sometime Arjun also came in a taxi, whereafter they all left for hospital. They also took the accused from the place where he was caught. The deceased was alive till then. Dr. Sudevan (P.W.13) was on emergency duty in the hospital, He examined the victim and informed the duty officer at Aberdeen P.S. over telephone about the admission of the victim in the hospital which was recorded in the diary and an information was sent to Station House Officer, Tarshem Singh, the I.O (P.W.21). The I.O proceeded to hospital and recorded the statement of P.W.1. The said statement or furdbayan was treated as FIR (Ext.7).

(3.) Initialy the case was registered under section 307 IPC which was later on converted into one under section 302 IPC after the death of Tuna. After inquest, the dead body was consigned to morgue for post mortem examination. The autopsy was done on the following day.