BALABHADRA DEHURY Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of sentence dated 31.08.2001 passed by learned Additional Sessions Judge, Deogarh in Sessions Trial No.243/39 of 2000 convicting the appellant under Section 302, I.P.C. and sentencing him to suffer imprisonment for life.

(2.) GHANASHYAM Sahu (P.W.3) is the informant. Kumari Mamata Sahu (P.W.5) is his daughter and Daitari Sahu (deceased) is his son. The occurrence happened on 23.12.1999 at "Bahada Nali" of village Kakharumal. It was about noon time when the occurrence happened in presence of Mahibil Swain (P.W.1) and Kumari Budhei Sahu (P.W.2). Prior to the occurrence, in the evening of 19.12.1999 Mamata Sahu (P.W.5) was alone there in the house. At that time the present appellant approached her with ulterior motive. Mamata Sahu (P.W.5) called her father aloud and ran out of the house. The informant (P.W.3), who was engaged in the nearby thrashing floor, was returning to the house at that time. Seeing him, the appellant decamped threatening Mamata Sahu (P.W.5) to see her later. Next day, i.e. on 20.12.1999 the informant (P.W.3) found the vegetable plants in his field to have been uprooted. Suspecting the hands of the appellant in causing such damage, he (P.W.3) reported the matter in the police station. On 23.12.1999 (the occurrence day) in the morning both the appellant and the informant (P.W.3) were called to Reamal Police Station, where the matter was compromised between the two and the appellant agreed to pay compensation for the damage caused by him. The appellant left the P.S. earlier to the informant (P.W.3) At that time deceased Daitari Sahu (son of the informant) was tending goats along with Mahibil Swain (P.W.1) and Budhei Sahu (P.W.2) near the 'Bahada Nali'. The appellant came near them, climbed on a 'Sahada' tree with an axe and cut some branches of the tree, which fell on the ground. At that time, the goats guarded by deceased Daitari Sahu came there and ate leafs of the twigs cut by the appellant. The appellant then shouted at the deceased, climbed down the tree and assaulted the deceased with the same axe around his neck and the deceased died there at the spot. Both Mahibil Swain (P.W.1) and Budhei Sahu (P.W.2) came running to the village to inform the matter. Mamata Sahu (P.W.5) along with some villagers rushed to the place of occurrence and found the deceased lying dead there. In the meantime the informant Ghanashyam Sahu (P.W.3) arrived at the spot, found the deceased lying dead and then lodged F.I.R. The I.O. (P.W.8) on completion of investigation, filed charge-sheet against the appellant under Section 302, I.P.C.

(3.) LEARNED Trial Court, on consideration of the materials on record, believed P.Ws.1 and 2 to sustain the charge against the appellant and found him guilty under Section 302, I.P.C. and sentenced him accordingly.