MOHAN SABAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellants have assailed their conviction and order of sentence for the offence under Section 302/34 of the Indian Penal Code (hereinafter referred to as the "Penal Code" for brevity) by the learned Addl. Sessions Judge, Bhanjanagar in S.C. Case No.41/14 of 2001. The learned Addl. Sessions Judge has convicted them on 15.7.2002 and sentenced them to undergo imprisonment for life.

(2.) The gravamen of the charges against the appellants is that on 3/ 4.10.2000 in the night the deceased Brajasundar Sabar after taking his dinner went to sleep on a cot in front of his house on the Varandah. He had no foreboding that it was his last night. His wife and children were sleeping inside the room by keeping the doors open. At the dead of the night his wife heard an unusual sound and noticed that the appellants were assaulting her husband by means of an axe (Tabal). At that time his wife could not come outside out of fear. Sometimes thereafter the appellants causing the death of her husband fled away. After this incident the informant called some of the villagers to the spot and lodged an F.I.R. on the next day at 7.15 A.M. at Khariar P.S. Police registered P.S. Case No.112 dated 4.10.2000 for the offence under Section 302/34 of the Penal Code and took up investigation.

(3.) In course of investigation the Investigating Officer, P.W.14, examined the informant in this case, examined other witnesses, visited the spot, held inquest on the dead body of the deceased, dispatched the dead body for post mortem and arrested the accused. After completion of investigation, the I.O. submitted charge sheet against the accused for the offence under Section 302/34 of the Penal Code.