SAMBARU DHIBAR Vs. STATE OF ODISHA

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 18/11/2015 of the Additional Sessions Judge, Bonai in S.T. No.173 of 2014 convicting the Appellant for the offence under Sec. 302 IPC, sentencing him to undergo rigorous imprisonment (RI) for life and to pay a fine of Rs.10,000.00 and in default to undergo RI for six months.

(2.) The case of the prosecution is that at around 6.30 pm on 8/2/2014 one Sahadev Dhibar (PW 5) of village Belkudar Taladhipa gave a report in writing at the Lahunipada Police Station (PS) stating that on the same date at around 5.30 pm the Appellant had come to his house and started a quarrel with him due to previous land dispute. Armed with a tangia, the Appellant started chasing him. At that time, maternal grand-father of PW 5, late Ratna Jamkia protested against the action of the Appellant and tried to prevent him from attacking PW 5. The Appellant then dealt a heavy blow with the tangia on the shoulder of the deceased, as a result of which he fell on the ground sustaining severe bleeding injuries. Thereafter, the Appellant repeatedly gave blows on the neck of the deceased till the head was completely severed from his body. The deceased died instantly at the spot. Thereafter, the Appellant left the spot with the tangia and the severed head of the deceased.

(3.) Upon receiving the above report, Kasinath Kujur (PW 11) who was working as the Sub-Inspector of Police took up the investigation on the direction of R.K. Sahoo, the IIC of PS Lohanipada. PS Case No.11 of 2014 was registered.