BIDU SABAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant, having been convicted of the offence under Section 302 of the Penal Code and sentenced to undergo imprisonment for life, has preferred this appeal against the judgement dated 12.1.1995 passed by the learned Sessions Judge, Kalahandi-Nuapada, in Sessions Case No. 46 of 1994.

(2.) The case of the prosecution, in short, is that the accused-appellant, deceased Kartika Sabar and P.W. 4 Ratnakar Sabar alias Barbati are three brothers. There was a partition amongst the brothers and the deceased was enjoying the ancestral land, whereas the appellant was in possession of the old house. A day before the date of occurrence there was a discussion among all the three brothers with regard to division of old rafters of the old house. On 28.2.1994 at about 6 a.m. the deceased went to collect the old rafters from the house asking his wife to follow him. After some time his wife (P.W. 2) followed him and while the deceased was collecting the old rafters, the appellant dealt blows by means of an axe repeatedly and the deceased fell down with his face downwards and succumbed to the injuries at the spot. When P.W. 2, wife of the deceased, started protesting, the appellant chased to assault her, but she ran away to her house and informed the matter to the other brother (P.W. 4) Ratnakar Sabar. Thereafter P.W. 4 went to the Ward Member and told him about the incident and also went to call other co-villagers. When P.Ws. 1, 3 and 4 went to see the spot and the dead body, they met the appellant on the way who with folded hands confessed that he had killed his younger brother, the deceased. The Ward Member (P.W. 1) lodged the F.I.R. after which investigation was taken up and charge-sheet was submitted.

(3.) The defence plea is one of denial of the entire prosecution case.