BHIMASEN BHOI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 31.01.2001 of the Addl. Sessions Judge, Boudh in S.T. No. 24 of 2000 convicting the appellant for commission of offence under Section 302 I.P.C. and sentencing him to imprisonment for life.

(2.) THE prosecution case is that on 09.08.1999 at about 5.00 P.M. the deceased was passing on the village Danda and the appellant was also passing on a path near maize field of (P.W.2). At that time, the deceased was abusing the appellant. Immediately thereafter, the appellant came through the maize Badi to the village Danda being armed with a Tangia and dealt a blow on left side neck of the deceased. He gave three repeated blows on the neck of the deceased as a result of which the head of the deceased was completely detached from the body. THE appellant thereafter carried the head of the deceased and left the spot towards the village tank along with the weapon of offence (Tangia). THE daughter of the deceased informed about the incident to P.W.1, who came to the spot, saw the trunk of the deceased lying on the ground and lodged the information. On the basis of such information, investigation was taken up and on completion of investigation charge-sheet was submitted against the appellant for commission of offence under Section 302 I.P.C. In course of trial, the prosecution examined ten witnesses, but none was examined on behalf of the appellant.