PAKULU NAG Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal assails the order dated 22.7.1994 passed by the learned Sessions Judge, Koraput -Jeypore, camp at Malkangiri in Sessions Case No. 414 of 1993, whereby the appellant was convicted under Section 302 of the Indian Penal Code, in short, 'IPC, for committing murder of his father Budura Nag and sentenced to undergo imprisonment for life.

(2.) THE essential facts leading to this appeal are as follows: On 15/16th June, 1992 night the appellant Pukulu Nag and his father Budura Nag were in the house. Dayamani Nag (P.W.3) the daughter of Budura Nag had been to cater night food to them and found them together. On the following morning, when she again went to the house of the appellant for providing tooth stick to her father, she noticed him dead. The appellant confessed before her that in the preceding night he had killed his father and cut him into three pieces. She wailed loudly which attracted the attention of the villagers. The appellant subsequently made extra judicial confession before the other co -villagers namely, P.W.2 the Ward Member of the village, and P.W.4, Gurunath Khora, P.W.2 reported the matter to the police who registered a case and took up investigation in course of which the appeallant was arrested, inquest was held over the dead -body and it was sent for post mortem examination, the wearing apparels of the deceased as well as the appellant and the blood stained earth and sample earth were seized. The weapon of offence were also seized under Section 27 of the Evidence Act. The seized articles were sent for chemical analysis and serological test. On completion of investigation, chargesheet was placed against the appellant.

(3.) THE prosecution in order to establish the charge against the appellant had examined 7 witnesses, out of whom P.Ws.1, 5, 6 and 7 are the official witnesses, whereas P.W.2 was the informant and P.Ws.3 and 4 were the witnesses to the extra -judicial confession alleged to have been made by the appellant.