SANATAN BADCHAT Vs. STATE

JUDGEMENT

(1.) This is an appeal from the judgment of the Additional Agency Sessions Judge, Phulbani, convicting the appellant under Section 302, I.P.C. and sentencing him to transportation for life for the murder of one Gurubari and her sister's son Bhagirathi on or about 6-6-1950 in village Dadi in Balliguda subdivision.

(2.) The said Gurubari was a widow aged about 40 years residing in village Dadi and tending the cattle of the villagers. Some months before the date of occurrence, the appellant came to village Dadi and began to live with Gurubari as husband and wife. He was assisting her in looking after the cattle of the villagers and she was feeding him. It appears that there was some friction between the two due to his suspicion that she was carrying on illicit intrigue with one Bhagirathi who was none else but her elder sister's son. On the date of occurrence (6-6-1950) Gurubari and Bhagirathi went towards Badisuge hill close to village Dabi in search of some cattle which had gone astray. The appellant also followed them sometime later with an axe which he borrowed from his neighbour Bisungi Stri (P.W. 6). Neither Gurubari nor Bhagirathi returned, to the village afterwards. The appellant, however returned in the evening and handed over the axe to one Nukari, another neighbour, who returned it to P. W. 6. It was subsequently noticed that the handle of the axe was broken into two pieces and tied with a rope. The appellant disappeared from the village and remained untraced for sometime. In the meantime, Gurubari's brother Haribandhu Padhan (P.W. 1) on learning that his sister and his nephew Bhagirathi were not to be found, went out in search of them but could get no clue. He then met the appellant at G. Udayagiri Hat some days later and closely questioned him about the whereabouts of his sister and nephew. The appellant then brought him to village Dadi and there he was said to have confessed his guilt saying that he murdered Gurubari and Bhagirathi in Badisuga hill because he found them in a compromising position. He then took the villagers to a lonely place in the hill where some bones were found concealed under some leaves. Some articles which were identified to be those of Gurubari were also found near the bones. In due course an information about the crime was lodged at the police station on 14-6-50 at about 7-30 P. M. by P. W. 1 and the investigation of the case was taken up by the sub-inspector of police (P. W. 14). The bones were sent to the Assistant Surgeon of Phulbani (P. W. 13) for post-mortem examination and the police officer recovered a bloodstained tangi from the village. He also seized the wearing cloth of the appellant as it contained some blood stains. The cloth was sent to the Chemical Examiner whose report shows that it was stained with human blood.

(3.) From the post-mortem examination of the bones the Medical officer (P. W. 13) stated that the bones were of a human female aged about forty years and of a human male aged about twenty-five years. He could not give any opinion regarding the nature of the injury or cause of death,