DASMAT MARANDI @ NANDU Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of sentence dated 31.03.2005 passed by learned Additional Sessions Judge, Rairangpur in C.T. No.23 of 2004 (S.T. No.253 of 2004) convicting the appellant under Section 302, I.P.C. and sentencing him to suffer imprisonment for life and to pay fine of Rs.2,000/ - (two thousand), in default, to suffer R.I. for two months more.

(2.) THE occurrence happened at about 2.30 A.M. in the mid -night of 22/23.06.2004 at village Bhalubasa under Rirangpur Town P.S. At that time, informant (P.W.1) and one Ladu Majhi (not examined) were present near the place, where playing of cards was going on. They saw the appellant entering into the house of the deceased holding a sharp cutting weapon and after few minutes they saw both the deceased in bleeding condition and her son (P.W.3) chasing the appellant. The deceased fell down on the road after chasing the appellant a little distance. The informant (P.W.1) and others rushed to the spot. On their query, the deceased told them that the appellant assaulted her by means of a sharp cutting weapon causing injury in her chest region. They marked entry and exit wounds on the chest and back of the deceased. They immediately rushed the deceased to Rairangpur hospital, but soon after her arrival at the hospital, she died. The informant (P.W.1) being a relative of the deceased, lodged written report vide Ext.1 at Rirangpur Town P.S., on the basis of which investigation was taken up. On completion of the investigation, charge -sheet was filed implicating the appellant in offence punishable under Section 302, I.P.C.

(3.) PROSECUTION examined seven witnesses to prove the charge, out of whom P.Ws.1 and 3 are the eye -witnesses to the occurrence, P.Ws.2 and 6 are witnesses to the seizure and P.W.4 is a witness to the seizure of the weapon of offence (M.O. -II) at the instance of the appellant. P.W.5 is the Medical Officer, who conducted autopsy on the dead body of the deceased and P.W.7 is the Investigating Officer.