MADAN MOHANTA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Jail Criminal Appeal is directed against the judgment and order dated 31.03.2001 passed by the Additional Sessions Judge, Talcher in Sessions Trial Case No. 122-A/26 of 1998/2000 convicting the Appellant under Section 302, IPC and sentencing him to undergo imprisonment for life.

(2.) The case of the prosecution is that both the accused-Appellant and the deceased were two brOrs. . They belonged to village Tavapal and lived in separate houses situated at both the ends of the village. On 01.06.1998 morning, the accused and his wife Bhajani detected their two missing chicken in the house of the deceased and requested him to return Indian Law Reports, Cuttack Series [2011] the same. The deceased refused to part with and claimed the same to be his own. There was exchange of hot words. The accused in a fit of anger suddenly dealt a blow on the neck of the deceased by means of an axe. The deceased tried to flee away from the spot. But, the accused chased him and dealt a second blow on his head by means of the said axe. The deceased fell down on the ground and succumbed to the injury. F.I.R. was lodged by the Grama Rakhi at the Pallahara Police Station on the basis of which the case was registered, investigation taken up and on its completion charge sheet under Section 302, I.P.C. was submitted against the accused Appellant.

(3.) Plea of the accused is one of complete denial of the allegation.