JADUMANI KHANDA Vs. STATE

JUDGEMENT

(1.) In this appeal from the jail, the convict assails his conviction and sentence of imprisonment for life for the offence punishable under Section 302, I.P.C.

(2.) The prosecution case is, on 15-3-87 at about noon time the deceased, a lady (locally called as Bayani for her erratic behaviour and movement) entered the house of the appellant and broke his earthen articles after eating away his food. At this it is stated, that the appellant chased the said Bayani holding an axe and killed her inside Atei reserve forest close to village Bailjodi, the village of the appellant. The prosecution case further proceeds that after killing Bayani, the appellant came to the village and gave out that he had killed 'Bayani'. This was heard by P.W. 2, daughter of P.W. 1 who informed the latter and P.W. 1 reported the matter at the police station. A Panch was also held in the village on the following day where it was stated that the appellant confessed his guilt before the Panch. A case having been registered, investigation was taken up and charge-sheet having been filed, the appellant faced his trial and convicted and sentenced as stated above. The appellant denied the prosecution allegation.

(3.) Mr. Sashi Das, learned counsel for the appellant strenuously urged that the order of conviction recorded by the learned Sessions Judge is wholly erroneous both on account of wrong appreciation of the facts as well as points of law involved. Mr. Das took up to the judgment and evidence on record and pointed out various infirmities in the judgment which we would be discussing in the following paragraphs. Mr. G.K. Mohanty, learned Additional Standing Counsel, on the other hand, supported the findings of the learned Session Judge.