TADINGI RAMMURTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) Learned Trial Court found the Appellants in both the aforesaid appeals guilty of offence under Section 302/ 34, I.P.C. and sentenced each of them to suffer imprisonment for life and to pay fine of Rs. 2000/- (two thousand) each, in default, to suffer further R.I. for two months each. As both the aforesaid appeals arise out of the same judgment and order of sentence passed by the learned Additional Sessions Judge, Jeypore in Criminal Trial No. 33 of 2004, they are taken up together for disposal by this common judgment.

(2.) Puala Kanta Rao is the Appellant in Criminal Appeal No. 379 of 2010. Tadingi Rammurty is the Appellant in Jail Criminal Appeal No. 146 of 2005. They are related to each other as brother-in-law ("Sala-Bhinoi").

(3.) Kondagori Laxmi (P.W.1), wife of deceased Kondagori Sitana, is the informant. The occurrence happened at about 4 p.m. on 14-4-2004. It is alleged in the F.I.R. that on 14-4-2004 afternoon deceased Kondagori Sitana left for Dimitiguda village with his axe to get the same sharpened there. He did not return to his house in the night. Next day morning, i.e. on 15-4-2004 also he did not return. His wife (P.W. 1) proceeded to Dimitiguda to enquire from the person, to whom her husband had gone to get his axe sharpened and to enquire regarding whereabouts of her husband. That person of Dimitiguda told her that her husband left after getting the axe sharpened. He further informed P.W. 1 that along with her husband, Pola Nariga (P.W. 2) had also come and both her husband and Pola Nariga (P.W. 2) left for their village after getting their axes sharpened. On her way back to the village, she (P.W.1) found her husband lying dead near village Dimitiguda. There was cut injury on his neck and the head was almost severed from the trunk. She (P.W.1) returned to her village and enquired from Pola Nariga (P.W.2) about the incident. Pola Nariga (P.W.2) informed her that on their way back from Dimitiguda, both the Appellants (Tadingi Rammurty and Puala Kanta Rao) happened to see them; Tadingi Rammurty (Appellant in JCRLA No. 146 of 2005) asked deceased Kondagori Sitana to pay back Rs. 50/- (fifty) he had taken on loan from him; Kondagori Sitana (deceased) asked them to come with him to the village to take the money; both the Appellants started quarreling with the deceased; they snatched away the axe held by the deceased and gave blow to his neck by that axe; when he (P.W.2) protested, they threatened him and further asked him not to disclose the matter before any-body. On getting to know about the incident, wife of the deceased (P.W.1) lodged report at the concerned Out-Post and subsequently a case was registered in Narayananpatna P.S. on the basis of the said report (Ext. 8). On completion of investigation, both the Appellants were charge-sheeted for offence punishable under Section 302/34, I.P.C.