RAMA MAJHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The conviction and sentence passed against the appellant under Sections 302/34 IPC for commission of murder of Nana by the learned Sessions Judge, Mayurbhanj directing him to undergo imprisonment for life have been assailed in this appeal.

(2.) The scenario of the prosecution story as has been unravelled during the trial is as follows: That the de facto complainant Bhima Majhi lodged a report at Bisoi Police Station by stating that he saw a dead body at about 9.00 A.M. on 14-393 lying near Jhairra of village Kundura. Following such report the 1.0. conducted inquest over the dead body in between 2.30 P.M. and 3.30 P.M. and thereafter it was sent for post mortem examination through the dead body chalan, Ext. 2/2 an axe (M.O.I) was seized from near the dead body stained with blood. It was also sent for chemical and serological test through the learned S.D.J.M. Rairangpur. The clothes of the deceased were also seized. From the post mortem examination it has appeared that the deceased Nana met with homicidal death after receiving 7 external injuries which corresponded to four internal injuries. The Medical Officer had, however, opined that these injuries were sufficient to cause death in ordinary course of nature.

(3.) During investigation the 1.0. had however unearthed the Implication of the present appellant alongwith two others, namely. Bhuban Dehury and Sankha alias Dhabara alias Dabra Majhi and thereafter charge-sheet was laid against all of them under Sections 302/34, IPC. The learned Sessions Judge. Mayurbhanj was, however, inclined to place Implicit reliance on the ocular statement of P.W. 9 and on such basis he convicted the appellant under Sections 302/34. IPC whereas he acquitted the other two accused persons.