SANYASHI HARIJAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant was prosecuted for commission of two ghastly murders of Khagapati Paik and Sukadei (the latter was none other than his own wife).

(2.) The horrendous picture as revealed from the trial court's judgment is as follows : The deceased Khagapati, appellant Sanyashi Harijan, Baidyanath Jani (P.W. 1), Raghu Jani and Laki Harijan (P.W. 2) used to work in the brick kiln of one Bhaskar Rao. The appellant was the next door neighbour of decesed Khagapati, whom he suspected to have extra-marital relationship with his wife, Sukadei (the other deceased). The appellant had married the deceased Sukadei against the will of her parents. Before the incident, there were frequent bickering, misunderstanding and quarrel between the appellant and his wife Sukadei (deceased). The other deceased Khagapati used to intervene in such quarrels and console them quite often.

(3.) On 6.12.1993 at about 8.00 A.M. Khagapati had been to collect fire-wood from a nearby jungle. At the time of his return, he kept the axe near the brick kiln and sat on the ground for preparing Khaini (tobacco). At that juncture, the appellant who was working in the brick kiln came there and prepared Khaini. All on a sudden surprisingly the appellant inflicted three axe blows successively on the neck of Khagapati causing his instantaneous death. P.Ws. 1, 2 and Raghu Jani who were working at the brick kiln immediately reshed there and they informed the father of the deceased Khagapati regarding the occurrence. He came to the place of occurrence and noticed his son dead. At that time the mother and brother of the appellant had also raised alarm by stating that the appellant had killed his own wife Sukadei in his house by means of an axe. The father of the deceased Khagapati also observed that blood was trickling out from the house of the appellant. The further case of the prosecution is that since the appellant was suspecting his wife and the deceased Khagapati to have extra-marital relationship, he committed the ghastly murder of both. The matter was reported on 6.12.1993 at 9.30 A.M. at Dabugaon Police Station by the father of the deceased Khagapati, on the basis of which the case was registered under Section 302, IPC against the appellant for commission of offence of murder of Khagapati and Sukadei.