KAMULU BHOTRA ALIAS MAJHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is an appeal against the judgment dated 24.6.1994 passed by Shri M. C. Rath, Additional Sessions Judge, Jeypore in Sessions Case No. 98 of 1992 (S.C. No. 241 of 1992) convicting the appellant (hereinafter referred to as 'the accused') under Section 302 of the Indian Penal Code (hereinafter referred to as 'IPC') for alleged commission of murder of one Dhanu Bhotra on 12.6.1992 in village Haldiguda under Dabugaon P.S. in Koraput district, and sentencing him to undergo rigorous imprisonment for life.

(2.) THE facts leading to the prosecution case are as follows : Deceased Dhanu Bhotra had married the sister of the accused. After the death of his sister, the accused reached the house of the deceased in village Haldiguda at about 8 p.m. on 12.6.1992 while the deceased was in the house and was igniting firewood. The accused demanded return of the ornaments and other articles given to his sister at the time of marriage and the deceased replied that since none of his (accused) family members attended the obsequies of his wife, he would return the ornaments and other articles after completing the obsequies of his wife. After so replying when the deceased was blowing the fire, the accused dealt a blow by means of an axe on the right shoulder of the deceased and ran away from the house with the axe. The deceased raised hulla after sustaining bleeding injury. Many of the villagers gathered in his house. On 13.6.1992 at 11 a.m. the deceased went to Dabugaon P.S. and lodged a written report before the O.I.C. (P.W. 7) who registered the case under Section 324 IPC and took up investigation. During investigation P.W. 7 examined the informant, sent him to Dabugaon P.H.C. for medical examination and examined witnesses. The informant was sent to Koraput Hospital for further treatment being referred to by the medical officer of Dabugaon P.H.C. P.W. 7 visited the spotand prepared the spot map. On 14.6.1992 at 7 p.m. P.W. 7 received message from the O.I.C. of Koraput Town P.S. that the injured succumbed to the injuries at the Koraput Hospital. So on 15.6.1992 at 8.30 p.m. P.W. 7 held inquest over the deadbody of the deceased and sent the deadbody for post mortem examination. Thus the case turned to one under Section 302 IPC. After the post mortem examination, the wearing apparels of the deceased were seized by P.W. 7. On 16.6.1992 the accused was arrested in his village Sindhikaguda. While in police custody the accused fed the I.O. to recovery of the weapon of offence, i.e. axe (M.O. 1) from the house which was seized. M.O. t was sent to the medical officer, Dabugaon P.H.C. for hts examination and opinion as to whether the injuries sustained by the deceased were possible by the same. The accused was forwarded to court in custody on 17.6.1992. On 31.7.1992 P.W. 7 handed over charge of investigation of the case to his successor, P.W. 2, who completed the investigation and submitted chargesheet under Section 302 IPC against the accused who stood his trial. The accused pleaded not guilty to the charge and his plea was one of complete denial.

(3.) SMT . Das, learned counsel for the accused and Shri Acharya, learned Addl. Govt. Advocate for the State, were heard at length.