GEDA SINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal from jail is directed against the judgment dated 28.3.2003 passed by the learned Sessions Judge, Mayurbhanj, Baripada in Sessions Trial Case No.216 of 2001 convicting the appellant under section 302 of the Indian Penal Code (for short, the I.P.C.) and sentencing him to imprisonment for life for having committed murder of deceased Sukumari Singh.

(2.) OCCURRENCE took place in the night of 27/28.1.2001. Appellant is deceased s husband s sister s son.

(3.) PROSECUTION case is that on 28.1.2001 at about 9.30 A.M. informant P.W.1 who happens to be a Grama Rakhi residing at villageDukura, went to Dukura beat house and presented written report Ext.1 before the A.S.I. of Police P.W.10 alleging that at about 8 A.M. on that date the appellant belonging to the occurrence village Angerkundia came to his house and confessed that he had killed his aunt Sukumari Singh in the previous night in between 3 A.M. to 4 A.M. as she practised witchcraft and tried to press his neck. Appellant also told to P.W.1 that he assaulted the deceased by means of wooden thick bar, sal stick and bamboo lathis and that the deceased was lying dead in his house. It was also alleged in the report that P.W.1 immediately went to the spot with the accused and saw the dead body of the deceased lying inside the house of the accused. One wooden bar, sal sticks and bamboo lathis, stained with blood, were lying nearby.