SANA MAJHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant assails his conviction under section 302 of the Indian Penal Code, 1860, hereinafter referred as the "I.P.C." for brevity, in Sessions Case No. 01 of 200 of the Court of Addl. Sessions Judge, Rayagada, wherein he has been sentenced to undergo imprisonment for life.

(2.) Prosecution alleges that Jayasingh Majh1 was residing with his wife and the appellant was working as his field servant. As there was illicit relationship between the wife of the Jayasingh Majhi and the appellant, there was ill-feeling between both of them. Ultimately. Jayasingh Majhi deserted his wife and the appellant also left his native village and resided in village Musuriguda about 220 days prior to the incident.

(3.) On the night of 23.4.1999 around 8.30 P.M., Jayasingh Majhi, the deceased, after taking dinner went to the house of his neighbour Pisku Majhi, P.W. 3 to smoke tobacco. After smoking, when the deceased left the house of P.W. 3 in order to return to his house, the appellant all on a sudden appeared before him holding the axe in his hand and struck him hard on the left side of his forehead with the axe which caused severe bleeding injury. The appellant ran away from the spot taking the axe with him. On receiving the axe below, the deceased fell down at the spot. With much difficulty he could manage to reach at his house and there after, he succumbed to the injury. A report was lodged about this incident before the police, who took up investigation and after completion of investigation, charge-sheet was submitted against the appellant under section 302 of the I.P.C. The appellant took the plea of complete denial and further pleaded that he has been falsely implicated in this case.