MAHENDRA DORA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This appeal is directed against the judgment dtd. 11/2/2016 passed by the learned Sessions Judge, Kalahandi, Bhawanipatna in C.T. Case No.19 of 2012 convicting the Appellant for the offence punishable under Sec. 302 IPC and sentencing him to undergo rigorous imprisonment (RI) for life and to pay a fine of Rs.5000.00 and in default to undergo RI for two months.

(2.) The case of the prosecution is that on account of differences with her husband, the deceased Phulmati Majhi was staying at the house of her mother at her village San Jamkiheju. On 2/10/2011, the deceased went to Patrabudha Dangar to collect firewood along with some co-villagers including her two sisters-Pramila Majhi (P.W.3) and Sanja Majhi (P.W.7). At around 11.30 am, P.Ws.3 and 7 came to the village and informed her brother Satrughna Majhi (P.W.1) that the present Appellant, who was the husband of the deceased, dealt blows on her head, neck and back with an axe, and that she was lying at the spot in a pool of blood; the Appellant had fled away leaving the axe at the spot.

(3.) On hearing this, P.W.1 along with Gouranga Majhi (P.W.12), Lachhaman Majhi and Abhi Majhi rushed to the spot, and found the deceased in a pool of blood and immediately shifted her to Biswanathpur hospital. While shifting her further to the DHH, Bhawanipatna, she died. P.W.1 then lodged an FIR (Ext.1), which was scribed by Gadan Majhi (P.W.4) at the Lanjigarh Police Station (PS).