MANA SANTA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Jeypore. Both the appellants have been convicted for commission of offence under Section 302/34 of the Penal Code and have been sentenced to undergo R.I. for life. In addition to the above the appellant No. 1 has been convicted for commission of offence under Section 324 of the Penal Code and has been sentenced to undergo R.I. for two years and the sentences have been directed to run concurrently.

(2.) CASE of the prosecution is that on 22.11.93 deceased Sania Santa and injured Damburu Santa (P.W.3) had come to Kundra to pay rent to the Revenue Inspector. At about 7.30 P.M. on that day while returning to their village they were assaulted by the appellants and both of them reached their village with bleeding injuries. It is also alleged that both of them before P.W.1 and others stated that while returning to village near Boribeda they met the appellants who assaulted them by means of axe resulting in injuries. It is also alleged that in course of the assault the deceased snatched away the axe from one of the accused persons but sustained injuries on left -ear, hand as well as head and Dambaru (P.W.3) sustained injuries on the abdomen. Hearing of the incident from the deceased as well as the injured the matter was reported before the Sarpanch who came to the house of the deceased and before the Sarpanch the deceased and the injured narrated the incident. On the advice of the Sarpanch report was submitted and the axe which was snatched away by the deceased was produced before the O.I.C. of the police station. The oral statement of the informant (P.W.1) was reduced into writing and the F.I.R. was registered for commission of offence under Sections 107/307/34 of the Penal Code. After investigation charge -sheet was submitted for commission of the aforesaid offences.

(3.) TRIAL Court on the basis of the evidence of eye -witness P.W. 3 and the dying declaration made by the deceased before his son (P.W.1) as well as before the doctor (P.W.8) convicted the appellants for commission of offence under Section 302/34 of the Penal Code for committing murder of the deceased Sania. On the basis of the evidence of P.W.3 as well as other evidence on record convicted the appellant No. 1 for Commission of offence under Section 324 of the Penal Code.