BIJAY HO Vs. STATE OF ORISSA

JUDGEMENT

(1.) The sole convict/appellant- Bijay Ho alias Munda calls in question his conviction and sentence to undergo imprisonment for life under Sec. 302 of the Indian Penal Code, 1860 (hereinafter referred to as "the Penal Code" for brevity) recorded by the learned Sessions Judge, Mayurbhanj, Baripada in Sessions Trial Case No.65 of 1999 (arising out of G.R. Case No.360 of 1998 corresponding to Karanjia P.S. Case No.114 of 1998).

(2.) The prosecution alleges that the appellant-Bijay Ho alias Munda, Bira and Sukra came to the house of the deceased- Bikram Munda and took him away forcibly stating that the daughter of Bijay was ill. All these three persons suspected that Bikram Munda was practicing witchcraft and also they blamed him for killing the daughter of Bijay by following such practice. Bijay killed Bikram by dealing blows with a sharp cutting weapon like axe on his head. The dead body of the deceased was lying in bleeding condition in the courtyard of the house appellant- Bijay Ho alias Munda. On such information, Pratap Munda, the son-in- law of the deceased examined as P.W.1 went to the spot and saw his father-in-law. There were cut and smash injuries on the head of the deceased and there were bleeding then. The matter was brought to the notice of the Police and the Police registered a case and took up investigation and upon completion of investigation, charge-sheet was submitted against two persons, namely, Sukra Ho alias Munda and Bijay Ho alias Munda, the sole appellant.

(3.) The defence took the plea of complete denial.