GHASIA HARIJAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE conviction and sentence passed by the learned Addl. Sessions Judge, Jeypore under Section 302 of the Indian Penal Code, in short 'IPC', in Sessions Case No. 101 of 1993 have been assailed in this appeal.

(2.) THE skeletal picture of prosecution story is as follows : On 11.8.1993 the informant Sugri Gonda, wife of the deceased lodged an information at the Kotpad Police Station by stating that the appellant had killed her husband in his Bari. She further narrated that on 11.8.1993 at about 5.30 P.M. Santi Gonda (P.W. 1) came running to her while she was in the field and narrated that the appellant had assaulted her husband in his Bari as a result of which he died instantaneously. Hearing this, the informant immediately rushed to the village and noticed that her husband was lying dead in a pool of blood in the Bari and the appellant had sustained bleeding cut injuries on his head and other vital parts of the body - At that time the appellant was only present in his house. Seeing this, she came to her house and disclosed the incident before her other relations, such as, Goralal Harijan, who arrived at her house some time thereafter. Goralal Harijan informed about the incident to the Ward Member Purna Pujari and others, All the persons went to the spot when the appellant came from his house and confessed before them that he had killed the deceased by means of an axe.

(3.) THE learned Additional Sessions Judge, Jeypore on a brief resume of the evidence held the appellant responsible for commission of offence of death of Chamaru Gonda and accordingly sentenced him as stated above.