KAILASH GIRI Vs. STATE OF ODISHA

JUDGEMENT

(1.) In this case, the sole appellant-Kailash Giri calls in question his conviction under Section 302 of the Indian Penal Code, 1860, hereinafter referred to as Penal Code for brevity, by the learned Addl. Sessions Judge, Talcher in S.T. Case No.21 of 2003 as per the judgment dated 30.08.2004. He has been sentenced to undergo imprisonment for life and pay a fine of Rs. 2,000/- for the aforesaid offence, in default to undergo rigorous imprisonment for six months.

(2.) On 15.06.2003, in the morning, at about 8 A.M., Kailash Giri, in inebriated condition, roomed in the street of village Bandhabhuin by holding a tangi (axe). He was declaring that he will kill somebody. He chased to assault his wife. She run away towards the village Basti. At that point of time, Rangadhar Giri, brother of the appellant-Kailash Giri was lying on the varendaha of his house. When the appellant went to assault Rangadhar, his wife Chithi Giri locked Rangadhar in a room and went away with her children. At about 1 P.M., the deceased, Bandhuram Giri was going towards the house of the Nandi Naik to look after the construction work under the Indira Awas Yojana (IAY). The appellant chased Bandhuram holding a hatchet. Then, the deceased entered into the half constructed house under IAY of Nandi Naik. The appellant entered into the house and gave blow by hatchet on the back side neck of Bandhuram. As a result of which, he fell down on the ground sustained bleeding injury. Thereafter, the appellant gave another blow on the throat of Bandhuram. Bandhuram succumbed to the injury in that half constructed house. Therefore, the appellant threatened to kill one or two other villagers. On such events, the informant Rajendra and his brother Khageswar pounced upon Kailash, snatched away the axe from his hand. Thereafter, he was tied and the people of the neighbourhood were asked to keep watch on him. Rajendra went and submitted a written report before the Officer In-Charge, Pallahara Police Station, who registered a case under Section 302 of the Penal Code, took up investigation, examined the witnesses, visited the spot and seized the material object, held inquest, dispatched the dead body for post-mortem examination and upon completion of investigation, submitted charge-sheet against the appellant under Section 302 of the Penal Code.

(3.) The accused took the plea of simple denial and false implication.