DANIEL DUNG DUNG Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant,' having been convicted for commission of offence under Sections 307/302 IPC and sentenced to undergo imprisonment for life and pay fine of Rs. 2000/- with default stipulation of undergoing rigorous imprisonment for one year for commission of offence under Section 302 IPC and to undergo rigorous imprisonment for five years and pay fine of Rs. 1000/- in default to undergo rigorous imprisonment for six month for commission of offence under Section 307 IPC, has preferred this appeal from jail.

(2.) The case of the prosecution, is that Michel Dungdung (P.W.6) and his wife having no issue, adopted the appellant as their son, who was staying with them. In course of time, coming in association of bad company, he developed the habit of drinking and got addicted to alcohol. On the date of occurrence, i.e. oh 3.12.2000, P.W.6 was sitting in the outer Court yard of Jayanath Badaik (P.W.1) where his son (P.W.2) and his daughter were preparing tea. At about 7:30 PM, the appellant came there and attacked his adoptive father (P.W.6) by means of an axe by dealing blows on his neck and face. When his wife (Bailey Dungdung, the deceased) protested, the appellant, assaulted her by the said axe and she succumbed to injury at the spot. P.W.6, having sustained severe injuries, lost his sense. Jayanath Badaik (P.W.1), who witnessed the incident, lodged the report before the police and on receipt of the same, investigation was taken up and on completion of the same followed by other formalities, charge sheet was filed against the appellant placing him for trial. Finally, the case being committed, came to be tried by the Court of Sessions.

(3.) The appellant took a specific plea that since he was adopted by P.W.6, and was not well treated by him. As P.W.6 was having illicit relationship with the wife of P.W. 1 and when the appellant objected to it, P.W.6 threatened the appellant to assault for which, he was not taking meals in the house of P.W.6. For this reason, it is stated that a false case has been foisted against him.