RAMRAL MAJHI Vs. STATE

JUDGEMENT

(1.) Both these appeals filed by the two accused persons arise out of a common judgment in S.T. Case No. 27 of 1986 of the learned Sessions Judge, Keonjhar convicting both the appellants u/ S. 302/ 34, I.P.C. and sentencing them each to life imprisonment. This common judgment would govern both the appeals.

(2.) Put briefly, the facts of prosecution case are these. The incident took place in the night of 18-3-86 in village Radhapur. On the previous day the deceased along with his wife had gone to his sister's place in village Radhapur to observe Phula Baguni, locally known as Nuakhia festival. The brother of the deceased with his family members who had also gone there returned to their village Pingu Patna in the night. It is stated that the deceased leaving his wife in Radhapur was returning to his village, when he was attacked by the two appellants and dealt severe blows by means of axe, as a result of which he succumbed to the injuries on the Goda land of one Mangal in the outskirt of village Radhapur. Next morning. P.W. 1, the brother of the deceased on receipt of this information went to the spot and found the deceased lying dead with severe cut injuries on his head and other parts of the body. He proceeded to Saharpada out-post and orally reported about the incident. P.W.7, the A.S.I. of Police, in-charge of the out post recorded in plain paper FIR in the Station Diary and took up investigation of the case. He visited the spot, held inquest over the dead body of the deceased and sent the dead body for postmortem examination. He also made seizure of blood stains earth and sample earth, M.O.I., axe said to be, the weapon of offence, and took various other steps in the investigation of the case, on 9-6-86, the Officer-in-charge of Patna Police Station took charge of the investigation from P.W. 7, and eventually submitted charge sheet against the two appellants. Both the appellants being committed to the court of session stood their trial for the offence of murder of the deceased, and were convicted and sentenced to life imprisonment as indicated earlier.

(3.) The plea of both the appellants at the trial was one of total denial of their complicity in the crime.