BAINSI MOHAKUD Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal from jail is directed against the judgment dated 30.6.2003 passed by learned Ad hoc Additional Sessions Judge, (Fast Track Court), Baripada in S.T. Case No.29/75 of 2003 convicting the appellant and sentencing him 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 persons Dulumu Deogam and Menja Deogam.

(2.) DECEASED Menja was deceased Dulumu's wife. P.W.6 is their daughter. Appellant is P.W.6's husband. Informant P.W.4 and P.W.5 are deceased Dulumu's brothers. Occurrence took place in the night of 11/12.10.2002.

(3.) PROSECUTION case is that in the night of occurrence itself P.W.6 came to the house of informant P.W.4 and disclosed that her husband, the appellant killed both the deceased persons by assaulting them with a crowbar and the dead bodies were lying in front of their house. She also disclosed that the appellant assaulted and caused injuries on P.W.4's niece. On being asked, P.W.6 further disclosed that as there was quarrel between her and the appellant regarding cooking and throwing of chicken curry and protest raised by the deceased persons, the appellant got enraged, brought a crowbar from inside the house and assaulted the deceased persons causing their death. P.Ws.4 and 5 went to the house of the appellant and found both the deceased persons lying dead having injuries on them. Accused was absent. One Rama Mohakud and Malli Mohakud on being asked told that at about 12 in the mid night the appellant came and told them to look after his children. On being further asked, the appellant told them that he had killed his parents -in -law by assaulting with crowbar, and thereafter the appellant left.