SIBA CHARAN SABAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of conviction passed by the Additional Sessions Judge, Nuapada in S.C. No.1/6 of 1999 -2000 convicting under Section 302 I.P.C and sentencing the appellant to undergo imprisonment for life.

(2.) THE case of the prosecution, in short, is that on 4.9.98 at about 10:00 AM, the deceased (Dalsingh Majhi), who is a snake charmer, came to the house of the informant (P.W.3) to teach the son of the informant 'mantra'. After the arrival of the deceased, the appellant, who happens to be the husband of informant's neice, reached there. Two hours thereafter, father of the appellant (P.W.7) came to the house of the informant and stayed there. At about 8 PM, all of them took food and went to bed in the study room of the son of P.W.3, who slept in the door side of the said room. The door was open and electric light was available in the said room. At about 9:30, P.W.3 heard some sound and noticed that the appellant brought an axe from the room where he was sleeping and dealt two blows on the left side neck of the deceased causing profuse bleeding. Deceased succumbed to injury at the spot. Father of the appellant got up and asked the appellant as to why he did so to which the appellant replied the he would kill him. After the occurrence, P.W.3 went to Komna plice station and lodged the F.I.R. Police registered the case, took up investigation, held inquest over the dead body and sent the same for autopsy and after completion of the investigation, filed charge sheet against the appellant under Section 302 I.P.C.

(3.) THE plea of the appellants is complete denial of the allegation. He took a specific plea of insanity during trial.