BOHE MALLIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this appeal from District Jail, Phulbani, Bohe Mallik (hereinafter referred to as the accused) calls in question the legalit7 of his Conviction for an offence punishable under Section 302 of the Indian Penal Code, 1860 (in short, IPC) and the sentence of imprisonment for life as awarded by the learned Sessions Judge, Phulbani.

(2.) The accusations which led to the trial of the accused are that on 16.8.1988 at about 2 p.m. he intentionally caused the death of one Pujara alias Aspati Digal (hereinafter referred to as the deceased). The prosecution case is that the daughter of the accused was sick for a pretty long tire and the deceased promised to cure her provided the accused arranged materials for the Puja. Accordingly the accused arranged one pig, a cock and an egg on 15.8.1988, but her daughters condition became serious and on 16.8.1988 she died. At this the accused was infuriated with the deceased and with the intention of finishing him went of his village with an arm He concealed the axe next a mango tree of Pattodeo hills. He told the deceased that his daughter was serious and requested him to accompany him for enchanting Mantra. On the way he told the deceased that he would go for urination and went near the mango tree where he had kept the axe. He brought out the exeunt dealt blows resulting in bleeding injuries and subsequently the deceased succumbed. One Biswanath Digal (P.Ws. 6) had witnessed the occurrence. The accused in a furious mood went to Prafulla Kumar Naik (P.Ws. 12), the Grama Rakhi of the Village at about 5 p.m. holding the axe in his hand. As the axe was stained with blood and the accused was looking furious, the Grama Rakhi was frightened and asked the accused as-to what had happened. The, accused confessed that be cause of Ineffectiveness of the deceased to get his daughter cured, he had killed him. On hearing this from the accused, P.Ws. 2 brought him to Balliguda Police Station and. lodged me First Information Report upon which investigation was undertaken and charge sheet was submitted.

(3.) The plea of me accused was complete denial of the prosecution case. In his statement under Section 313 Cr.P.C. he pleaded the had not killed the deceased; but Biswanath Digal (P.Ws. 6) had killed the deceased.