DEBENDRA SIDU Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 27.06.2003 passed by learned Sessions Judge, Mayurbhanj in Sessions Trial Case No.46 of 2000 convicting the appellant under Section 302, I.P.C. and sentencing him to suffer imprisonment for life.

(2.) THE occurrence happened at about 11.00 A.M. on 09.11.1999 in front of the house of the appellant. The prosecution case is to the effect that, the appellant was suspecting the deceased to have killed his (appellant's) daughter by practicing sorcery. At the relevant time the appellant was preparing to bury his deceased daughter in presence of Dubraj Sidu(P.W.3) and Harish Chandra Sidu(P.W.4). The appellant at that time dealt an axe blow to the deceased causing her instantaneous death. On the basis of the F.I.R. lodged by Laxmidhar Sidu (P.W.1), who happens to be the brother of the deceased, the case was registered and after completion of investigation, the appellant was charge -sheeted for offence under Section 302, I.P.C.

(3.) THE prosecution examined twelve witnesses to prove the charge. P.W.1 is the informant and brother of the deceased. P.Ws.3 and 4 are the eye witnesses to the occurrence. P.W.2 is another brother of the deceased and he is also a post -occurrence witness like P.W.1. P.W.5 is the wife of P.W.2. P.W. 6 is the constable, who took the dead body for post -mortem examination. P.W.7 is a witness, who had accompanied P.W.1 to the Police Station at the time of lodging of the F.I.R. and saw the appellant appearing in the Police Station holding the weapon of offence (M.O. -I). P.Ws. 8 and 9 are witnesses to the seizure of weapon (M.O. -I) on production by the appellant on his voluntary appearance in the Police Station. P.W.10 is a post -occurrence witness. P.W.12 is the Medical Officer, who conducted autopsy on the dead body of the deceased. P.W.11 is the Investigating Officer.