SUKRU PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS Jail Criminal Appeal is filed by accused (hereinafter referred to as 'appellant'). He has challenged order of conviction under Section 302, Indian Penal Code and sentence or rigorous imprisonment for life there under recorded against him by learned Sessions Judge, Phulbani in S.T. No. 88 of 1993.

(2.) PROSECUTION case is very simple. Appellant and his elder brother Biranchi (hereinafter referred to as 'deceased') had partitioned their properties including lands. Despite that, there was a dispute between them centering round a piece of land. Deceased intended to sell the said land to one Hari Padhan. Appellant objected to that. On 31.5.1993 at about 8.30 A.M. Appellant appeared before Boudh P.S. with a Tabilia (axe) stained with blood. He stated before Police that he committed murder of the deceased while he was sleeping. He also murdered his wife (Uma). Police entered this fact in the Station Diary (Ext. 20). Tabilia (M.O.I) was seized, During investigation Police drew up plain paper FIR (Ext. 22). Inquest over both the dead bodies was held. The dead bodies were sent for P.M. examination. On completion of investigation police submitted charge sheet against Appellant.

(3.) IN proof of charge against Appellant, prosecution examined 14 witnesses. P.W. 1 is brother of deceased Uma. P. Ws. 2 and 3 are witnesses to seizure of Tabilia (axe). P.W. 4 is a witness to seizure of some incriminating articles. P.W. 5 is an inquest witness. P.W. 6 is another witness to seizure of some more incriminating articles. P.W. 7 is a witness to Panch Faisala. P.W. 8 is wife of Appellant. P. Ws. 9 and 10 are also witnesses to seizure of some more incriminating articles. P.W. 11 is Doctor who conducted autopsy over the dead bodies. P.W. 12 is Havildar. He escorted the dead bodies to the Doctor for autopsy. P. Ws. 13 and 14 are I. Os.