SAMARAI MARANDI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal assails the order dated 02.05.1995 passed by the learned Sessions Judge, Mayurbhanj, Baripada. in S.T. Case No. 203 of 1993 whereby and whereunder he convicted the Appellant under Section 302 of the Indian Penal Code (for short "IPC") for committing the murder of his own brother Rama Marandi and sentenced him to undergo imprisonment for life.

(2.) THE prosecution case, as unraveled during the course of trial, is as follows:

(3.) ON perusal of the evidence of P.W.2. it is seen that there was a quarrel between the deceased and the Appellant on the date of incident. But that quarrel was not to tense as to enrage the Appellant to inflict such murderous blows on the deceased. From the facts situation described by P.W.2. it transpires that on the date of incident, deceased Rama had brought 1/2 kg. of meat by borrowing some money. When he told the Appellant not to leave the house without making proper provision for the youngers to observe the festive occasion like Raja, the latter suggested that he can consume the meat with his wife and need not give meat to him (Appellant), his wife and children. To this, the deceased replied that he could not do so as the children of the Appellant were his nephews also. There was no violent quarrel between the brothers. Rama was lying on a cot. At that juncture, the Appellant Samarai went to the back side of their house and came back. Suddenly he picked up the axe which was there in the corner of the house, and dealt successive blows on the head of Rama near the left ear. When she went to prevent the Appellant from giving further assault, she was also given an elbow -push on the chest. At the time, she was pregnant and with such elbow -push on her chest, she became breath -less. This part of the story given by P.W.2 in her examination -in -chief has not been shattered during cross -examination.