FHULJENS KISPATA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant having been convicted for commission of offence under Sections 302/201, I.P.C. and sentenced to imprisonment for life for offence under Section 302 I.P.C. and to suffer R.I. for two years for offence under Section 201, I.P.C. by the learned Sessions Judge, Sundargarh in Sessions Trial Case No. 282 of 1996, has preferred this appeal against the said order of conviction and sentence.

(2.) The case of the prosecution is that on 22.08.1996 at about 7.00 A.M. the informant (P.W.1) and others residents of village Lamloi Majhipara got information that the appellant killed his mother. After receiving such information they rushed to the spot and found a pool of blood in front of the house of the appellant, but there was none inside the house. They found the appellant entering into the house of one Patras Ekka and they caught hold of him and questioned as to how his mother deceased Jasphine died. The appellant confessed before them that he has killed his mother. Thereafter, the appellant was tied and was confined in a room in his house. The informant and other villagers also noticed a trailing mark of blood extending from the courtyard of the house up to the motor pump house situated on the backside of the main house. The dead body was detected lying inside the pump house with bleeding injuries. Thereafter, the appellant was brought to the police station and P.W.1 lodged the F.I.R. On the basis of the F.I.R. investigation was taken up and charge-sheet was submitted for commission of offence punishable under Sections 302/201, I.P.C. The appellant faced trial for commission of both the offences.

(3.) In course of trial the prosecution examined eighteen witnesses, out of whom P.Ws. 2 to 8 turned hostile. P.W.1 is the informant, but he also turned hostile. P.Ws. 9 to 13, are witnesses to seizure of different articles and P.W.14 is a witness to the leading to discovery of the weapon of offence. P.W. 15 is a seizure witness in respect of blood stained earth and sample earth, whereas P.W.16 is the A.S.I. of Police and is a witness to seizure of the wearing apparels of the deceased. P.W. 17 is the Medical Officer who conducted the post-mortem examination and P.W.18 is the I.O.