BIPIN SINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) BY the impugned judgment and order dated 2.11.2000 passed by the learned Sessions Judge, Sundargarh in Sessions Trial No.140 of 1997 the appellant has been convicted and sentenced to undergo imprisonment for life under section 302 of the Indian Penal Code ( for short, the I.P.C.) for having committed murder of deceased Sukmati Singh.

(2.) P .W.9 is deceased Sukmati's husband. Appellant is P.W.9's brother's son. P.W.5 is deceased's son. Occurrence took place on 1.5.1997.

(3.) PROSECUTION case is that soon before the occurrence deceased was feeding milk to her child and P.W.5 was present nearby. At that time appellant came there and sat in the verandah of their house. After sometime appellant left the house of the deceased but returned from the way and assaulted the deceased by means of sword M.O.I. Thereafter, he ran way throwing the sword at the spot. P.W.5 picked up the sword and chased the appellant, but he found the appellant along with his brother -in -law co -accused Kamlal Badaik running away. P.W.5 kept the sword concealed below dry leaves near his house. In the evening informant P.W.1 who happens to be Ward Member of the locality came to know about the occurrence. He went to the deceased's house and found the deceased lying dead in front of her house with injury on her neck. On the basis of First Information Report Ext.1 presented by P.W.1 in Kutra Police Station, Officer In -charge P.W.14 registered the case and took up investigation. On completion of investigation, charge -sheet was submitted against the appellant and co -accused Kamlal Badaik for commission of offence under section 302 read with 34 of the I.P.C.