CHAKRADHAR SAHU Vs. STATE

JUDGEMENT

(1.) The appeal is directed against the judgment and order dated 15-5-87 of the learned Sessions Judge, Kalahandi convicting the appellant under Section 302, I.P.C. and sentencing him to imprisonment for life.

(2.) Put briefly, the facts of the case are these. The appellant and the deceased belonged to the same village Dumermunda, P.S. Lanjigarh in the district of Kalahandi, and there was bad blood between both the families on account of purchase of certain lands by the father of the appellant from the father of the deceased. The appellant and his family were in cultivating possession of the said land. The deceased had never cultivated that land, but he was, however, threatening the appellant with dire consequences for his possessing the land in question. On the material date, 18-6-86 at about 10 a.m. the deceased came to the disputed land and found that the land was being cultivated by Hrushikesh, the elder brother of the appellant with the help of some labourers. He rebuked the labourers as to why they were ploughing the land. This led to exchange of words between the deceased and Hrushikesh. While the deceased and Hrushikesh were having exchange of hot words, the appellant reached the place and all of a sudden dealt several blows on the deceased on his head and neck by means of an axe he was carrying, as a result of which the deceased sustained severe bleeding injuries, and sometime after succumbed to the injuries. P.W. 1 came to know about the incident, proceeded to the spot and found the deceased lying dead on the forest road with several injuries on his neck, right cheek and left cheek. He reported the matter verbally to the Officer-in-Charge Langigarh P.S. (P.W. 16) who had camped at Khajuriguda. P.W. 16 reduced the oral report to writing as per Ext. 3. He sent the original report to Lanjigarh P. S. for registration of the case, where P.W. 14 the A.S.I. of police registered the case and drew up formal F.I.R. (Ext. 3/2). The Officer-in-charge (P.W.16) of the P.S. immediately proceeded to the spot, held inquest over the dead body of the deceased and made some seizures, examined witnesses, despatched the dead body for post-mortem examination and took various other steps in the investigation of the case. He also arrested the appellant from Bhawanipatna-Lanjigarh Bus at about 10.30 p.m. and forwarded him in custody to Court. He made a prayer for recording the confessional statement of the appellant, and P.W. 15, Judicial Magistrate, First Class, Madanpur-Rampur stationed at Bhawanipatna recorded the confessional statement of the appellant as per Ext. 13 on 21-8-85. On completion of investigation, P.W. 16 submitted charge sheet against the appellant. The appellant being committed to the Court of Session stood his trial for the offence of murder of the deceased, and was convicted and sentenced to life-imprisonment as indicated earlier.

(3.) The plea of the appellant at the trial is one of total denial. He has also denied to have made the confessional statement before the Judicial Magistrate, First Class (P.W. 15).