PEON ALIAS CHATRUBHUJA MURMU Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this appeal the appellant has challenged the legality, propriety and validity of the order of conviction and sentence under Section 302, IPC passed by the Sessions Judge, Mayurbhanj, Baripada, in Sessions Trial No. 207 of 1993 directing him to undergo imprisonment for life.

(2.) THE essential facts leading to this appeal are as follows : On 18.7.1993, the informant Budhan Marandi was working along with Kundi Marandi (deceased), Pio Marandi, Baha Majhi, Chaitan Majhi, Laxman Hembram, Balia Majhi and Gangadhar Patra in the construction work of a house of one Akuli Behera in Ward No. 9 of Rairangpur town. During lunch time between 1.30 P.M. and 2.00 P.M. while all the above persons were taking their lunch in a half constructed house belonging to one Narendra Kumar Singh situated near their place of work, the appellant, who was the husband of the deceased Kundi Marandi, entered into the said house and without any rhyme or reason plunged successive knife blows on the deceased from her back side. Kundi Marandi after receiving injuries came out of the room and fell down there. The appellant after inflicting such injuries on Kundi Marandi fled away from the spot. The informant and others, who were taking their meal, chased the appellant but could not over power him. After returning to the scene of occurrence, they found Kundi Marandi lying in front of the said house. One of the lady labourers, namely Baha Majhi, brought out the knife from her body. Thereafter, the injured was kept on a cot which was brought from one Akuli Behera. While being shifted to the hospital, on the way she expired.

(3.) THE plea of the appellant was one of denial of the occurrence.