BHANU ALIAS CHANDRABHANU NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) Conviction of the appellant under Section 302, I.P.C. and consequent sentence recorded thereunder for the appellant to suffer imprisonment for life are impugned in this appeal.

(2.) The occurrence happened at about 3.30 p.m. on 13.12.1996 in village Jamunaposi under Turumunga P.S. in the district of Keonjhar. It was a Friday and the day of 'Thakurani Puja' at the village. All the villagers had assembled near the village deity for the 'Puja'. At about 4 p.m. Mitrabhanu Naik (P.W.-5), who happens to be the brother of the present appellant, conveyed Gopabandhu Naik (P.W-2) near the place 'of 'Puja' that at about 3.30 p.m. the appellant has committed murder of deceased Keshab @ Matal Naik. Deceased Keshab @ Matal Naik, after becoming a widower, came to reside in the house of his daughter Rambha Naik (P.W-1) in village Jamunaposi. Sankhail Naik (not examined) is the husband of said Rambha Naik (P.W-1). Gopabandhu Naik (P.W.-2) is their sonin-law. On hearing about the matter from Mitrabhanu Naik (P.W.-5), Gopabandhu Naik (P.W-2) and his mother-in-law Rambha Naik (P.W.-1), Danda Naik (not examined) and others rushed to the spot, which is the house of Sankhali and Rambha. They found the deceased Keshab lying dead. His head was completely severed from the trunk. A 'katari' (M.O.-I) was lying near the dead body. All of them saw the appellant present on his homestead with blood stains on his banion (M.O.-IV) and napkin (M.O.-III). Gopabandhu (P.W-2) on the same day lodged oral report in Turumunga P.S. The present case was registered and on completion of the investigation, the O.I.C. (P.W.-9) filed charge-sheet implicating the appellant in offence under Section 302. I.P.C.

(3.) Prosecution has examined nine witnesses to drive home the guilt to the appellant. Besides the witnesses introduced in the pending paragraph, P.W.-4 is a witness to the first part of the occurrence. P.W.-3 is a witness to the inquest over the dead body of the deceased. P.W-6 is the Medical Officer, who conducted autopsy, P.W. is. the S.1. of Police attached to Turumunga P.S., who reduced the oral report lodged by Gopabandhu Naik (P.W-2) to writing, P.W-8 is the Scientific Officer, who examined the incriminating articles on police requisition and P.W-9 is the Investigating Officer.