MAGSIRA BISWAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of sentence dated 23.12.2003 passed by learned Additional Sessions Judge(F.T.C.), Bolangir in Sessions Case No. 46 -B/7 of 2003 convicting the appellant under Section 302, I.P.C. and sentencing him to suffer imprisonment for life.

(2.) THE occurrence happened at about 9.00 P.M. on a Saturday during Dushera in 2002 under the jurisdiction of Bolangir Town Police Station. Rudramani Majhi (deceased) took his dinner and came out to the village lane to the shop of Antaryami Sai (not examined) to take betel. Near about that place appellant Magsira Biswal was shouting at the villagers using obscene words holding an axe. Deceased Rudramani Majhi counselled him to go back to his house. At this, appellant Magsira Biswal gave a blow with the axe he was holding on the head of Rudramani Majhi. Deceased Rudramani Majhi fell down The appellant continued to give several blows on different parts of his body by that axe and went away. P.W.1 Surekha Majhi, who happens to be the wife of deceased Rudramani Majhi and other villagers including P.Ws. 2 and 6, took Rudramani Majhi to Bolangir hospital. He was admitted in the state of unconscious. The Medical Officer attending the injured Rudramani Majhi sent medical report to Bolangir Town P.S. On arrival of the police, Surekha Majhi(P.W.1) lodged F.I.R. in the hospital. On registration of the case, Sadananda Pujari, S.I., Town P.S. Bolangir (P.W.14) took up investigation. On the next day of the occurrence Rudramani Majhi succumbed to the injuries. On completion of investigation P.W.14 filed charge -sheet implicating the appellant in offence under Section 302, I.P.C.

(3.) PROSECUTION has examined fourteen witnesses to prove the charge. P.W.1 Surekha Majhi is the widow of the deceased and she is the sole eye witness to the occurrence. P.Ws. 2 and 6 are post -occurrence witnesses. P.W.5 is witness to the seizure of axe (M.O. -I) at the instance of the appellant on the basis of his statement purported to have been recorded under Section 27 of the Evidence Act. P.W.2 and the Medical Officer (P.W.10) are the witnesses to dying declaration of the deceased recorded by the I.O. (P.W.14) on the basis of requisition from the Medical Officer (P.W.10). P.Ws.4 and 7 are witnesses to some seizures. P.W.3 is a witness to inquest of the dead body of the deceased. P.W.12 is the scribe of the F.I.R. P.W.13 is the Revenue Inspector, who demarcated the spot of occurrence. P.Ws. 8, 9 and 10 are the Medical Officers. Out of whom, P.W.8 conducted the autopsy on the dead body of the deceased. P.W.9 sent the death report to the Town P.S. when the deceased succumbed to the injuries on the next date of the occurrence. P.W.10 examined the deceased in injured condition on police requisition and is a witness to recording of his dying declaration. P.W.14 is the Investigating Officer. Defence plea is one of complete denial, but none was examined by the defence.