DESA JUANGA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS Jail Criminal Appeal is directed against judgment of learned Sessions Judge, Keonjhar, in S.T. No. 102 of 1991. The learned Sessions Judge convicted the accused (hereinafter referred to as "the Appellant") under Section 302/34, Indian Penal Code. He sentenced him to undergo R.I. for life.

(2.) CASE of prosecution is that Appellant, his wife (hereinafter referred to as "the deceased") and their five years' old daughter were living in village Panasanasa of Keonjhar district. During night of occurrence P. Ws. 1 and 2 heard cry of Appellant's daughter. They woke up and came to his house. They found the deceased lying with injuries on her neck in a pool of blood. At that time the Appellant was holding an axe (M.O.I.) stained with blood. Their daughter was rolling on the ground. The Appellant tried to drive them out. They left the spot out of fear. However, they took the child with them with much difficulty. In the following morning P.W. 1 reported the incident to the Ward Member (P.W. 4) of their village. The further case of the prosecution is that the Appellant assaulted P.W. 3 by M.O.I. while he was coming out of his house. As a result, he sustained injuries on his person. On FIR (Ext.2) lodged by P.W. 4 Kanjipani P.S. Case No. 11/91 was registered. During investigation police held inquest over the dead body of the deceased. It was sent for autopsy. On completion of investigation the Appellant was charge sheeted.

(3.) NINE witnesses have been examined in proof of charges against the Appellant. P. Ws. 1 and 2 are neighbours of the Appellant. P.W. 3 is the injured. P.W. 4 is the informant. P.W.5 is a seizure witness. P.W. 6 is the Doctor who collected blood group of the Appellant. P.W. 7 is the Doctor who conducted autopsy. P.W. 8 is the Medical Officer who examined P.W. 3, P.W. 9 is the I.O.