ARJUN JAYAPURIA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This is an appeal directed against a judgment dtd. 7/5/2007 passed by the learned Additional Sessions Judge, Sambalpur in Session Trial No.30/18 of 2005 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.10,000.00 and to undergo RI in default for one year.

(2.) The case of the prosecution is that a telephonic information was received on 27/10/2004 at a person at village Kusanpuri was moving with a cut head of a women. The Officer-in-Charge (OIC) of Sasan Police Station (PS), Mr. Pradip Kumar Sahoo (PW 13) made entry in the station diary and then proceeded to village Kusanpuri. When he reached the village at around 12 noon, he received a written report from one Suratha Jayapuria (PW 4), who happened to be the grand-son of the deceased Ainthapatri Jayapuria. PW 4 stated that at around 10 am while he was at his house, his mother Jastobantia Jayapuria (PW 1), who had gone for a bath with the deceased, rushed back into the house and disclosed to PW 4 her son that the present Appellant, the uncle of PW 4 and the youngest son of the deceased had killed the deceased by means of a katari. Along with PW 4 his father Dalaganjan Jaypuria (PW 4) was also present.

(3.) Hearing the above information from PW 1, both PWs 4 and 7 then rushed to the spot i.e. near a tube well and found the Appellant giving successive blows to the neck of the deceased by means of a katari and the deceased was lying in a critical condition.