MAGHU ALIAS KRUSHNA NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of the learned Sessions Judge, Sundargarh in S.T. No. 144 of 2000.convicting the appellant for commission of offence under Section 302 of IPC and sentencing him to imprisonment for life and to pay a fine of Rs. 5,000.00 in default, to undergo period of imprisonment for one year.

(2.) THE case of the prosecution is that the deceased Basumati Barua and her husband PW6 had gone to Tolimunda to visit the sister of the deceased. On their way they stayed in the house of their daughter, who had married the present appellant at Sankaraposh. During their stay there was some dispute regarding sharing of money earned from Kendu leaf collection and following the quarrel the deceased and PW6 left their daughter's house. On their way near the land of one Samara Naik, the appellant suddenly appeared and dealt an axe blow on the neck of the deceased causing her death. After assaulting the deceased, the appellant ran away with the axe. Krushna Chandra Bag-PW2 lodged the FIR in Badgaon Police Station, on the basis of which the case was registered and investigation was taken up. After completion of investigation charge sheet was submitted for commission of offence under Section 302 of IPC.

(3.) LEARNED Sessions Judge relying on the evidence of PW15 found that the deceased died a homicidal death. Reliance was also placed on the evidence of PW6, who was examined as eyewitness to the occurrence. Learned Sessions Judge also took into consideration the evidence relating to recovery of weapon of offence and other circumstantial evidence to find the appellant guilty of the charge.