AKURA MAJHI Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellant by filing this Appeal has assailed the judgment of conviction and order of sentence dtd. 12/7/2016 passed by the learned Additional Sessions Judge, Kalahandi, Bhawanipatna in Criminal Trial No.13 of 2015 (Sessions) arising out of C.T. Case No.243 of 2014 corresponding to M. Rampur P.S. Case No.113 of 2014. The Appellant (accused) thereunder has been convicted for commission of offence under Sec. -302 of the Indian Penal Code, 1860 (for short called as 'the IPC'). Accordingly, the Appellant (accused) has been sentenced to undergo imprisonment for life and pay fine of Rs.20,000.00 in default to undergo rigorous imprisonment for a period of six (6) months for offence under Sec. -302 of the IPC.

(2.) Prosecution Case:- On 19/11/2014, one Kain Majhi (Informant-P.W.1) presented a written report (Ext.1) before the Inspector-In-Charge (IIC), M. Rampur Police Station stating therein that on that day around 7 am, when her husband Gokul Majhi had been to his land for fishing, it was around 9 am, her mother-in-law namely, Apuchha Majhi (P.W.5) came and informed that her husband being assaulted by the accused by means of tangia was suffering with pain. Kain (Informant-P.W.1) with her daughter, Rina (P.W.3) went to the spot and saw her husband lying with bleeding injuries in his leg, head, eye and back. She when was administering water of her husband, accused Akura again came to the spot with tangia and expressed before her to have killed her husband. It is further stated that accused threatened the Informant (P.W.1) that if she would disclose the fact to the Police and Doctor, she and her family would also been killed. It is further stated that saying so that accused assaulted the Informant (P.W.1) with the handle of the tangia and when the Informant (P.W.1) protested, a stone was thrown by the accused aiming at her. The Informant (P.W.1) thus having surrendered to the advice of the accused before him that her husband would be treated by the village Doctor at her house, as were arranging to shift Gokul to their home, the accused came with a cot and having shifted the deceased with the help of the Informant (P.W.1) and her daughter (P.W.3); left the place giving threat to the Informant (P.W.1) and her daughter (P.W.3) that if they would disclose the incident, their life would be at stake. It was further stated that Gokul had disclosed before the Informant (P.W.1) that accused assaulted him from the backside.

(3.) Receiving the above written report from the Informant (P.W.1), the Inspector-In-Charge (IIC) of M. Rampur Police State, treated the same as F.I.R. and registering the case, took up investigation. The Investigating Officer (I.O.-P.W.14) in course of investigation examined the Informant (P.W.1) and other witnesses. He then visited the spot and prepared the spot map, Ext.9. He also seized the blood stained and sample of earth under seizure list, Ext.5. He held inquest over the dead body lying there and prepared the report proved as Ext.2. The dead body was then sent for postmortem examination. On 20/11/2014, the accused was apprehended and it is stated that he while in police custody, disclosed to have kept an axe in his house in a particular place and further stated if so taken to the place, he would give recovery of the same. Pursuant to the said statement, the accused led the I.O. (P.W.14) and others to that place and gave recovery of the axe, which was then seized under seizure list, Ext.4. The axe was sent for examination by the Doctor (P.W.11) to opine about the possibility of its user in causing the injuries noticed upon the deceased. All such reports being received, the seized incriminating articles were sent for chemical examination through Court. On completion of investigation, the Final Form was submitted placing this accused to face the trial for commission of offence under Sec. -302/294/323/506 of the IPC.