PANDU GAGRAI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and sentence passed by the learned Sessions Judge, Keonjhar convicting the Appellant for commission of offence under Sections 452/302/307 of the Penal code.

(2.) AS it appears from the record FIR was lodged by P.W. 2 alleging therein that while he was sitting in the house of his elder brother Sukura Ho, his middle sister -in -law rushed to him and informed that Pandu (appellant) was assaulting his family members by entering into his house. Hearing the news the informant along with his elder brother rushed to the spot in a bicycle and on the way found the informant's daughter Champa and youngest son coming towards them with bleeding injuries and also informed that the Appellant was assaulting wife of the informant. Thereafter the informant handed over the injured child to his sister and came to the house along with his elder brother Sukuru. By the time they reached the house they found the door was bolted from outside and heard some sound coming from the house. Thereafter, they opened the door and found that the informant's wife was lying in a pool of blood. There were several bleeding injuries on her neck and shoulder and the wife of the informant stated that the Appellant assaulted her as well as the youngest son by opening the door of the house. Thereafter they carried the deceased in a cot to the police station and lodged information.

(3.) THE trial court on consideration of the evidence of the eye witnesses, P. Ws. 3, 4, 5, and 8 as well as injuries found by doctor conducting post -mortem examination found the Appellant guilty of the charges and convicted him there under.