THE STATE Vs. BHIMA PATRA

JUDGEMENT

(1.) BHIMA Patra, aged about 35 years, of village Jalsahi, Police Station - Badampahar, District Mayurbhanj has been convicted under Section 302, Indian Penal Code and sentenced to death by the Sessions Judge, Mayurbhanj -Keonjhar, Baripada. Hence this reference and The Criminal Appeal on behalf of Bhima Patra.

(2.) THE prosecution case in brief is that on 23 -4 -1969 at about 8 A.M. the deceased Duli Bewa aged about 50 years, a resident of village Jalsahi had gone to attend to the call of nature near a stream referred to as Bhima Nala by the witnesses on the outskirts of the village Jalsahi. Just after she had her wash and was coming up the ridge of the Nala, the accused suddenly appeared with an axe and inflicted blows on her left leg with the sharpedge of the weapon. She fell down and when she was crying out that she was being killed, the accused dealt further blows on the left side of her neck and left the place towards the village. With the deceased there was on girl Sakuntala by name aged about seven years. As the two had left the village for the Nala, another girl Anami Dei (p.w. 1) was also following them to fetch water from the Nala. These two girls Sakuntala and Anami Dei were on the Ghat when this alleged occurrence took place. They were however frightened and immediately left the spot for the village even as the attack was taking place.

(3.) THE plea of the accused in the committing Court as well as in the Sessions Court was that the case was entirely false and that the witnesses had deposed falsely against him at the instance of the villagers. His further plea in the Sessions Court was that he was not present in the house on the date of occurrence and had gone to another village. He has denied the fact of having made any extra judicial confession before the villagers and also that he had produced the axe, M.O.I. before them. No defence witness has been examined on his behalf.