GANDARAM BAG Vs. STATE OF ORISSA

JUDGEMENT

(1.) The present appeal is directed against an order dtd. 13/12/2010, passed by the Additional District and Sessions Judge, Titilagarh in S.C. Case No.147 of 2009, convicting the Appellant for the offence punishable under Sec. 302 of Indian Penal Code (IPC) and sentencing him to undergo Rigorous Imprisonment (RI) for life and to pay a fine of Rs.5,000.00 and in default to undergo RI for two years.

(2.) The case of the prosecution is that the accused Gandaram Bag@ Kita used to quarrel with the informant Nilabati Bag (PW-1) and her husband Gunanidhi Bag (the deceased, the younger brother of the Appellant) and other villagers under the influence of liquor. It is stated that on 11/5/2009, at around 12 noon, also there was a quarrel between the deceased and the accused. That night, at around 8.30 pm, while the deceased and PW-1 were eating rice sitting in the courtyard of their house, and Gupteswar Bag (PW-11) the brother-in-law of the deceased was talking with him sitting in a cotsuddenly the accused came with an axe (Tangia) and as a result of the previous grudge inflicted an axe blow on the head of the deceased, who fell down facing upwards. Thereafter, the accused again assaulted the deceased on his chest with the blunt side of the axe. At that time, PW-11 caught-hold of the accused, Nata Bag (PW-9) the nephew of PW-1 snatched away the axe from the accused. The accused had also assaulted PW-11 with the handle of Tangia with an intent to kill him. Subsequently, the deceased was shifted to the Saintala Hospital where the doctor declared him dead.

(3.) Upon completion of investigation, a charge sheet was laid against the accused who pleaded not guilty and claimed trial. The case of defence, as spoken by the accused who examined himself as DW-1 was at around 8 pm, he and the deceased were bringing firewood by loading it on a bullock-cart and the deceased was sitting on the cart.