RADHAKANTA HATI Vs. STATE OF ODISHA

JUDGEMENT

(1.) The present appeal is directed against the order of conviction and sentence dtd. 7/4/2001 passed by the Additional Sessions Judge, Sonepur in Sessions Case No.15/7 of 2000 whereby both the Appellants were convicted for the offence under Sec. 302 read with Sec. 34 IPC for having committed the murder of the deceased Kushadhwaja Hati. Both Appellants were sentenced to imprisonment for life.

(2.) The prosecution case is that on 5/11/1999 at around 9 AM, the deceased Kushadhwaja Hati was cutting wood from a mango tree that belonged to him. The accused are have stated to have come there and questioned him about cutting the said tree. The deceased stated that he was cutting his own tree. A quarrel ensued and there was a hot exchange of words between the deceased and the accused. Appellant No.1 is then said to have dealt a tangia (axe) blow on the head of the deceased. The deceased, in order to save his life, ran away from the spot. However, both the Appellants chased him and dealt several blows on the person of the deceased, due to which he sustained several injuries and met an instantaneous death. Appellant No.1 is the nephew and Appellant No.2 is the son of the deceased through his first wife.

(3.) On completion of investigation, a charge sheet was laid against the Appellants for the aforementioned offences. They pleaded not guilty and claimed trial.