SOMNATH BADNAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) This jail criminal appeal has been filed bone Somnath Badnaik who has been convicted for commission of the offence under section 302, 1.P.C and sentenced to undergo imprisonment for life in S.C. No. 08 of 1998 by the Additional Sessions. Judge, Jeypore.

(2.) Deceased was the son-in-law of the appellant being married to P.W. 3, the niece of the appellant. In the night of 27.4.1997, the appellant stayed in the house of the deceased as guest and slept alongwith the deceased and his father (P.W. 1) in one room. The wife of the deceased (P.W. 3) with near new born child and the mother of the deceased (P.W. 2) slept in another room. In the said night at about 11.00 p.m., P.W. 1 saw the appellant assaulting the deceased by means of an axe (M.O.I.) on his chest. When he raised hulla, the appellant left the room. P.W. 2 and his daughter-in-law (P.W. 3) rushed into the said room hearing the hulla raised by P.W. 1. Some other neighbours also came before whom P.W. 1 narrated the entire incident. Then, P.W. 1 informed the incident to the Sarpanch (P.W. 5), who on the next morning went to the Kakiriguma Police Station and lodged the written report. The O.I.C., Kakriguma Police Station (P.W. 11) on receipt of the written report registered the case and proceeded with the investigation. During the course of investigation, he examined the witnesses, conducted inquest over the dead body of the deceased and sent the same for post-mortem examination. He also prepared the spot map, seized the material objets and sent the same for chemical examination. After completion of investigation, he filed charge-sheet against the appellant under section 302, I.P.C.

(3.) The appellant in his statement recorded under section 313, Crimial P.C. besides denying the allegations levelled against him took the plea of insanity.