KUMAR MAJHI Vs. STATE

JUDGEMENT

(1.) THIS appeal has been preferred against a judgement of the learned Additional Sessions Judge of Sundargarh conviction the appellant under Sections 302 and 301, I.P.C. and sentencing him to undergo imprisonment for life on each count.

(2.) PROSECUTION case was that the appellant was in the habit of quarrelling with his wife and on the date of occurrence, that is, 12 -2 -76 at about 5 p.m. he picked up a quarrel in course of which he dealt blows with the handle of an axe causing several injuries on her person. When Samaru Mahakud, a close neighbour, intervened the appellant dealt some axe blows on his head as a result of which he sustained several injuries and fell down. The appellant suddenly started running away with his axe. While Samaru Mahakud, was being carried to the Hospital he died. F.I R. was lodged by P.W. 2 Bairagi Mahakud at Bonai P.S. on the same day at about 9.15 p.m. While the villagers were guarding the dead body of the deceased near the village school, the appellant went there and shot an arrow which struck P.W. 6 Hiradhar Sethi, After midnight the Investigating Officer reached the spot and arrested the appellant. While in custody, the appellant made a statement before the Investigating Officer leading to discovery of the axe from the thatch of a house. After due investigation the appellant was charge -sheeted under Sections 302 and 307 I.P.C.

(3.) THE trial court, on a consideration of the evidence led by the prosecution, believed the prosecution case and discarded the defence plea. On appeal, it is urged that the order of conviction is not borne out by any credible evidence and that even accepting the entire prosecution case to be true, no offence under Section 307 I.P.C. is made out.