HEDU @ RAJU SANDIL Vs. STATE OF ORISSA

JUDGEMENT

(1.) BY the impugned judgment and order dated 10.4.2003 passed by learned Sessions Judge, Keonjhar in Sessions Trial Case No.173 of 1997, the appellant has been convicted under Section 302 of the Indian Penal Code (for short 'the I.P.C.') for having committed murder of deceased Tina @ Jiten Chatar and also under Section 307 of the I.P.C. for having attempted to commit murder of P.W. 8 Hagura Nag. Appellant has been sentenced to undergo imprisonment for life under Section 302 of the I.P.C. and to undergo rigorous imprisonment for seven years under Section 307 of the I.P.C.

(2.) DECEASED as well as injured P.W. 8 were aged about 5 to 7 years during the period of occurrence. Informant P.W. 5 is deceased's mother. P.W. 12 is injured P.W.8's father. Occurrence took place between 3.30 P.M. to 4.30 P.M. on 9.6.1997.

(3.) PROSECUTION case is that soon before the occurrence deceased, and his friends P.Ws. 6 and 8 were engaged in collecting edible leaves. Appellant called them inside nearby jungle on the pretext of plucking mangoes for them. He took them near a mango tree and asked them to close their eyes so that he could provide them mangoes. When the three boys closed their eyes, all of a sudden appellant assaulted the deceased with a knife on his abdomen and back. Also, in quick succession he dealt knife blow on P.W.8's abdomen. P.W.6 could manage to run away and escape. P.W. 10 and his wife P.W. 11 found P.W. 8 in a critical condition and took him to his house from where he was shifted to Bichhakundi Hospital by his father P.W. 12. P.W. 4 finding the deceased lying with injuries in the jungle, informed P.W. 3, who was playing football in the play ground. Both of them took the deceased to Bichhakundi Hospital. Deceased as well as P.W. 8 were referred and shifted to TISCO Hospital, Joda where the deceased was declared dead. Getting information from TISCO Hospital about a medico -legal case, P.W. 18, Sub -Inspector of Police, Joda Police Station went to the hospital where informant P.W. 5 narrated him regarding the occurrence. P.W. 18 reduced the same into First Information Report Ext. 14, sent it for registration and took up investigation. On completion of investigation, charge sheet was submitted against the appellant for commission of offences under Sections 302 and 307 of the I.P.C.