GAJENDRA KANJAKA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellant, by filing this Appeal, from inside the jail, has called in question the judgment of conviction and order of sentence dtd. 6/8/2016 passed by the learned Additional Sessions Judge, Gunupur in Criminal Trial No.31 of 2014 arising out of G.R. Case No.30 of 2013 corresponding to Bissamcuttack P.S. Case No.7 of 2013 on the file of the learned Judicial Magistrate First Class, Bissamcuttack.

(2.) The prosecution case, in short, is that on 24/1/2013 the Informant (P.W.1) was keeping watch over the cows grazing near his field where he had grown cotton crop. His youngest daughter aged about 20 years was then plucking the cotton in the said field. It is stated that the accused came to the place and in view of the previous enmity started abusing the Informant (P.W.1). After that the Informant (P.W.1) left the place. Thereafter the accused picked up quarrel with his daughter. Out of feat, the Informant (P.W.1) having come to his house although waited there for some time, his daughter did not return. So, he sent his son (P.W.3) to search for his daughter. P.W.3 while proceeding to the field from a distance saw the accused leaving the place carrying an axe in his hand. He then searched for his sister in the said field. Near a 'Jhola', he saw the dead body of his sister. The matter being informed to P.W.1 and others; they went to the spot and found the daughter of P.W.1 to have been ravished and murdered. It is alleged that the accused has committed the said crime.

(3.) Learned J.M.F.C., Bissamcuttack, having taken cognizance of the offence and after observing all the formalities, committed the case to the Court of Sessions. That is how the trial commenced by framing the charge for the said offence against the accused.