BIJOY SOREN Vs. STATE OF ORISSA

JUDGEMENT

(1.) JUDGMENT of the learned Sessions Judge, Mayurbbanj Baripada, passed in S. T. No. 134 of 1992 convicting the appellant under section 302, I. P. C. and sentencing him to undergo imprisonment for life is under challenge ining him to undergo imprisonment for life is under challenge in this appeal preferred from Jail.

(2.) FACTS of the prosecution case leading to the present appeal may be delineated tersely as follows : One Deogi Majhi of Dumuria in the district of Mayur bhanj (hereinafter referred to as ''the deceased') was known for applying sorcery to the people of her village. For some months prior to the occurrence, father of the accused persons was ill. So the accused persons suspected the deceased to have applied sorcery to their father. Working under such notion, the accused persons went to her house on 5 4 1992 at about 2 p. m. At that time the deceased was sleeping on a cot in the outer verandah of her house. Taking advantage bf this, accused Bijoy Soren gave axe blows on her head. He also stabbed her with a knife. As a result, she succumbed to the said injuries. Her daughter in law, Bija Majhi rushed to the spot seeing the occurrence. The accused persons fled away from the spot leaving the axe there. Thereafter neighbours reached the spot hearing her hulla. Son of the deceased. Champai Majhi who had gone for labour work at that time was sent for. After reaching the spot he learnt from his wife about the incident. Then he lodged information in Thakurmunda Police Station. Accordingly, Thakurmunda P. S. Case No. 6/92 was registered. During investigation, the I. O. having found prima facie evidence under section 302/34, I.P.C. submitted charge sheet against the accused persons.

(3.) TO prove the charge ten witnesses have been put in the witness box on behalf of the prosecution. P, w. 1 is Rama Majhi, son of the deceased. P. w. 2 is Rabindra Ho, to whom the accused made extra judicial confession. P. w. is Banamali Patra to whom p. w. 2 told that accused Bijoy Soren gave him a knife which he threw to his back yard. P. w. 4 is Champai Majhi (informant). P. w. 5 is Bija Majhi wife of the informant. P, w. 6 is Chandini Patra, a post occurrence witness. P. w. 7 isLalmohan Mohant who went to the Police Station along with the informant for lodging information about the incident. P. w. 8 isthe Doctor who conducted autopsy on the dead body of the deceased. P. w. 9 is the I. O. and p. w. 10 is a co villager of the informant.