(1.) This appeal is directed against the judgment dtd. 12/7/2006 passed by the Ad hoc Additional Sessions Judge, Bonai in Sessions Trial No.3/78 of 2001-2004 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 one year. Although the Appellant was also found guilty for the offences punishable under Ss. 459/307/324 IPC, he was not separately sentenced for those offences.
(2.) The prosecution case in brief is that on 13/8/2000 at around 11 PM in the night, while Yudhistir Bhainsa (P.W.13) was sleeping on a cot lying on the verandah of his house, his wife, the deceased Mukta Bhainsa, was sleeping on the floor on the said verandah near him. The accused being armed with a Budia (axe) entered into their house and assaulted the deceased Mukta Bhainsa with it. On hearing the scream of the deceased, P.W.13 woke up and at that point the accused also assaulted him with the said Budia. Hearing the hue and cry of both Yudhistir Bhainsa and Mukta Bhainsa, Rajendra Kumar Mahakud (P.W.1), the informant, the son-in-law of Yudhistir Bhainsa as well as Golap Mahakud (P.W.2), the daughter of Yudhistir Bhainsa, who was sleeping in the adjoining room, came out of that room. They noticed the accused ran away from the house. They found bleeding injuries on Yudhistir and Mukta.
(3.) On being asked by P.W.1, P.W.13 told him that the accused had assaulted Mukta Bhainsa by means of an axe on her head and hand and assaulted him on his head, leg and back with the said axe.
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