SURESH SAMAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) APPELLANT has been convicted under Section 302, I.P.C. and sentenced to rigorous imprisonment for life by judgement dated 23.11.1977 passed by the learned Additional Sessions Judge, Dhenkanal in S.T. No. 22/27 -D of 1976.

(2.) THE facts may be briefly stated. Appellant Suresh Samal is the elder brother of the deceased Kuanri Dei's husband Aparti Samal. They belong to village Thokar. The occurrence took place on 16.8.1975. Previous to the occurrence, the appellant and the deceased had at times quarrelled with each other and on one occasion the appellant had assaulted the deceased. On the day of occurrence at about 6 p.m. the appellant brought a cart -load of fuel from a mango tree and handed over the same to his brother -in -law. On seeing this the deceased protested saying that the appellant was misappropriating fuel without giving her the share which was due to her. The deceased abused the appellant in filthy language. As a result the appellant chased the deceased with an axe and gave her several axe -blows near the Bhagabat Ghar. The deceased fell down at the spot with severe bleeding injuries and died. The deceased's husband was not present in the village at the time of occurrence. P.W. 1, a co -villager, who returned to the village at about 6 p.m. learnt about the occurrence from P.W. 13 and on going back home he found the deceased lying dead near his Sadar door with multiple bleeding injuries. P.W. 1 went to the Police Station along with his uncle P.W. 8 and lodged F.I.R. Ext. 1 with P.W. 15, the officer -in -charge. P.W. 15 registered the present case under Section 302, I.P.C. and took up investigation. After completion of investigation charge -sheet was submitted against the appellant. The appellant was charged under Section 302, I.P.C. and put on trial.

(3.) AT the trial 16 witnesses were examined on behalf of the prosecution and 5 on behalf of the defence. The learned Additional Sessions Judge who tried the case found the appellant guilty under Section 302., I.P.C., convicted and sentenced him as noted above.