BILSI MURMU Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 25.3.2003 passed by learned Additional Sessions Judge, Fast Track Court, Baripada in S.T. No.26/118 of 2002 convicting the appellant under Sections 302 and 323 of the Indian Penal Code (for short 'the I.P.C.'), and sentencing him to undergo imprisonment for life and to pay fine of Rs.2000/ -, in default to undergo R.I. for six months, under Section 302 of the I.P.C. No separate sentence has been awarded under Section 323 of the I.P.C.

(2.) ALLEGATION in the case relates to murder of deceased Sara and causing hurt to P.W.6. P.W.6 is deceased's husband. Informant P.W.1 and eye -witness P.W.2 are their sons. P.Ws.6 and 8 are appellant's brothers. Occurrence took place on 12.1.2002.

(3.) PROSECUTION case is that appellant suspected practice of witchcraft by the deceased on his son for which he was ailing. It is alleged that on the date of occurrence at about 5 P.M. when P.W.6 was returning from the house of his co -villager P.W.7, near the house of Nabakrushna the appellant challenged P.W.6 as to why his son was suffering from fever. Thereafter, the appellant dealt fist blows and slaps on P.W.6. Being informed regarding such incident, P.W.8 came and asked the appellant as to why he was assaulting their elder brother. The appellant threatened P.W.8, ran to his house, procured sword M.O.I. and chased P.W.8. P.W.8, however, escaped. The appellant, thereafter, ran towards the house of P.W.6 and dealt successive sword blows on the deceased as a result of which she sustained fatal injuries and died. The appellant went and produced the sword M.O.I confessing his guilt before P.W.10, the Officer -In -Charge of Rasgobindapur Police Station, who seized the sword under seizure list Ext.4 and made Station Diary Entry. At about 8.15 P.M. informant P.W.1 lodged written report upon which P.W.10 registered the case and took up investigation. On completion of investigation, charge -sheet under Sections 302 and 323 of the I.P.C. was submitted against the appellant.