SANYASI JANI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the Judgment dtd. 16/9/2010, passed by the Additional Sessions Judge, Nabarangpur Camp at Umerkote in C.T. No.70 of 2007, convicting the Appellant for the offence punishable under Sec. 302 of IPC and sentencing him to undergo imprisonment for life with a fine of Rs.10,000.00 and in default to undergo Rigorous Imprisonment (RI) for two years and also convicting him for the offence punishable under Sec. 324 of the IPC and sentencing him to undergo RI for two years. Both the sentences were directed to run concurrently.

(2.) The case of the prosecution was that on 16/3/2007 at night, one Bastar Santa (PW-1) was returning to his village after disposing of the dead body of Chaitu Santa of village Poinri Chachara. At that time he saw the accused/ Appellant, Sanyasi Jani running from the village side and Shyam Santa (PW-6) and Raisingh chasing him. They were shouting that the accused had committed the murder of Pati Santa and was running away. Having heard this, PW-1 caught-hold of the accused who was holding a scissor (Kainchi) at that time. He snatched away the scissor from the accused and handed it over to Raisingh. Both PW-6 and Raisingh informed the PW-1 that the accused had committed the murder of the father of the PW-6 and was running away.

(3.) PW-1 went to the house and found the dead body of Pati Santa lying in front of it. The deceased had sustained a stab injury on his chest and was bleeding severely. PW-1 stated that he had also heard that the accused had stabbed Bhima Santa (PW-3) with the scissor and had run away.