NAKHIA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This present appeal is directed against the judgment dtd. 9/3/2016 passed by the learned Additional Sessions Judge, Athgarh in S.T. Case No.56 of 2015 convicting the Appellant for the offence punishable under Ss. 302 and Sec. 324 of the IPC and sentencing him to undergo imprisonment for life and to pay a fine of Rs.1,000.00 and in default to undergo Rigorous Imprisonment (RI) for three months for the offence under Sec. 302 IPC and to undergo RI for one year for the offence punishable under Sec. 324 of IPC. Both the sentences were directed to run concurrently.

(2.) The case of the prosecution is that on 12/4/2015, the informant Lova Behera (PW-7), the wife of the deceased Sugribara Behera of Bailo, was spreading green gram in the farmyard. At that time, the accused-Appellant abused PW-7 in filthy language protested against the spreading of green gram there. PW-7 then returned to her house. On the same day at around 6 pm, while PW-7 and the deceased were stacking green gram in the farmyard, the Appellant being armed with sword came there; abused the deceased in filthy language and assaulted him with a sword on his head, neck and hand. When PW-7 came to the rescue of her deceased-husband, the Appellant also assaulted her by means of a sword on her head causing bleeding injury. Thereafter, both the deceased and PW-7 were removed to Athgarh hospital, where the deceased was declared dead. The matter was then reported to the Police Station (PS) and registered as P.S. Case No.80 of 2015.

(3.) The Investigating Officer (IO) (PW-15), Gangadhar Panigrahi, reached the spot and took up the investigation. He seized the wearing apparels of the deceased, blood samples and one certificate on production by Constable Sribatsha Padhan. Upon arrest, the accused made a statement on the basis of which the police were able to recover, upon his showing, his black colour pant, one white colour check shirt and one yellow colour napkin, all of which were seized by PW-15.