MANSUDAN MAJHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This jail criminal appeal is directed against the judgment and order dated 22-10-2003 passed by the learned Sessions Judge, Sundargarh in Sessions Trial No. 90 of 1998 convicting the appellant under Sections 302 and 324, IPC and sentencing him to undergo imprisonment for life for the offence under Section 302, IPC and rigorous imprisonment for one year for the offence under Section 324, IPC with the direction that both the sentences shall run concurrently.

(2.) The prosecution case in brief is that Gulbadan Majhi (father of the deceased Krushna Majhi) and accused-appellant Mansudan Majhi are two brothers. On 06-11-1997 evening the deceased and his father Gulbadan cut the ridge (Adi) separating their lands and the lands of accused Mansudan and discharged water from the lands of Mansudan to their own lands, for which there was dispute at the agricultural fields. Later, at about 9.30 p.m. when the deceased and his father were returning from the agricultural lands, accused-appellant and his wife Asarti Majhi (since acquitted) confronted them being armed with a Falsia (axe) and accused-appellant Mansudan Majhi assaulted the deceased by means of an axe on his head, as a result of which the deceased died at the spot. Accused Mansudan also assaulted the father of the deceased by means of the said axe. Asmati Majhi, wife of Gulbadan Majhi and her daughter-in-law Sukanti Majhi went to the spot to rescue the injured and the deceased, but accused appellant Mansudan pushed Sukanti, for which she sustained injury, and the other accused, i.e. Asrati Majhi assaulted Asmati by means of a lathi. After the occurrence, accused Mansudan and his wife Asrati fled away from the village. On the next day, the Ward Member of the village (P.W. 4) reported the matter before the OIC, Talsara Police Station, who registered P.S. Case No. 65 of 1997 and took up investigation. In course of investigation, he examined the informant and other witnesses proceed to the spot, held inquest over the dead body of the deceased, seized the incriminating articles, sent the injured Asmati and Sukanti to Balisankara PHC and also sent the dead body of the deceased for postmortem. While in custody accused Mansudan revealed about the concealment of the weapon of offence, i.e. axe in the house of his father-in-law at village Didiga. The I. O. seized the weapon of offence and also the wearing apparels of the accused persons and the deceased and sent all the material objects for chemical examination. On completion of investigation, he submitted charge-sheet against the present appellant and his wife-Asrati for commission of offences under Sections 341/302/323/324/34, IPC.

(3.) The plea of the defence was of complete denial of the prosecution case.