DHANU GOUD Vs. STATE OF ORISSA

JUDGEMENT

(1.) Appellant having been convicted for commission of offence under Sections 302/34 of the Indian Penal Code (for short 'the I.P.C.') and sentenced to undergo imprisonment for life by the learned Additional Sessions Judge, Nuapada in S.C. No.76/2 of 97-2000, has preferred this appeal against the said order of conviction and sentence.

(2.) The case of the prosecution is that on 15.5.1997 at about 8 P.M. the informant P.W.8 was coming with her husband (the deceased) from Patharpunji to their village by carrying some household articles. While they were proceeding towards their village, the appellant and two other absconding accused persons namely, Phagunu Goud and Dhansai Goud reached at Jogidongri road and asked them as to where they were going. Thereafter, all of a sudden, absconding accused Dhansai Goud dealt an axe blow on the left side neck of the deceased, as a result of which he fell down on the ground. The said absconding accused Dhansai Goud and present appellant again dealt blows on the body of the deceased and other absconding accused Phagunu dealt blows by means of an iron rod on the head and different parts of the deceased. The appellant is also alleged to have assaulted the deceased. Due to severe blows dealt by all the three accused persons, the deceased died at the spot. The informant P.W.8 ran towards her village and intimated about the incident before the villagers including the Gramarakhi. Thereafter, P.W.8 submitted a written report before the police which was registered as F.I.R. and investigation was taken up. After completion of investigation, charge-sheet was submitted for commission of offence under Sections 302/34 of the I.P.C.

(3.) The prosecution in order to prove the charge examined nine witnesses out of whom P.W.1 is the doctor, who conducted post mortem examination and P.W.2 is another doctor, who examined one of the accused persons. P.W.3 is a constable, who accompanied the dead body for post mortem examination. P.Ws. 4, 5, 6 and 7 are post occurrence witnesses. P.W.8 is the sole eye witness to the occurrence and P.W.9 is the investigating officer.