BENU BAG Vs. STATE OF ODISHA

JUDGEMENT

(1.) In this appeal the sole appellant has assailed his conviction U/s.302 of the Indian Penal Code (in short 'the I.P.C.') and sentence to undergo imprisonment for life by the learned Addl. Sessions Judge, Jharsuguda in his judgment dtd.02.12.2003 passed in S.T. Case No.204/40 of 2001.

(2.) The Superintendent, Biju Patnaik Open Air Ashrama, Jamujhari has reported vide letter dtd.3682 dtd.7.12.2019 that convict No.334-A Benu Bag (appellant) has already been released pre-maturely on 24.6.2017 as per order no.6624 dtd.20.6.2017 of the Government of Odisha, Law Department.

(3.) The appellant along with two others, namely Rusi Bag and Sonu Bag faced trial for the offence U/ss.302 and 114 of the I.P.C. The accusation against them was that deceased Fulla Pradhan along with Laxmi Bag (P.W.5), Anjali Pradhan (P.W.8) and Kujar Pradhan (P.W.9) while returning on 17.4.2001 at noon from Kulihamal Reserve Forest, the accused, suspecting sorcery by her resulting death of his son, dealt 'Budia' (M.O.I) blow as a result of which she succumbed to the injuries at the spot. On being informed, her son lodged the F.I.R. (Ext.3) at Kolabira Police Station which was resulted into investigation. The accused was arrested and gave recovery of the 'Budia' (M.O.I) U/s.27 of the Evidence Act. On submission of police report, the learned S.D.J.M. took cognizance and committed the case for trial to the Court of Session.