NRUPA RANA Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellant, by filing this Appeal, has called in question the judgment of conviction and order of sentence dtd. 16/11/2019 passed by the learned Additional Sessions Judge, Titilagarh in Sessions Case No.49 of 2016, arising out of G.R Case No. 125 of 2016, corresponding to Sindhekela P.S Case No.60 of 2016 of the Court of learned Sub Divisional Judicial Magistrate (S.D.J.M.), Titilagarh.

(2.) Prosecution case is that on 17/3/2016, around 8 a.m., Kshyama Rana (Informant-P.W.1), with his daughter Damen Rana (P.W.2) and son Rakhi Rana were in their cultivable land where they had raised onion crop. At that time, the accused, who happens to be the son of Kshyama (P.W.1) through his first wife, came with his wife and started to quarrel with his step mother, Rukmani Rana (deceased-A). The accused then was demanding more share from the landed properties of Kshyama. At this point of time, suddenly, the accused dealt an axe blow on the neck of Rukmani. Receiving the said injury, Rukmani fell on the ground and met instantaneous death. Seeing such incident, Kshyama (P.W.1), with her daughter Damen (P.W.2) and son Rakhi ran away from the spot. But then the accused chased them and getting Rakhi Rana (deceased-B) dealt an axe blow on him for which he fell down. The accused then gave successive blows on his neck by that axe. Due to such injuries, Rakhi Rana, a boy of 5 years old (deceased-B) also met instantaneous death. Kshyama (P.W.1) then ran towards the village and intimated all these happenings to the villagers.

(3.) In the Trial, the prosecution in total has examined fourteen (14) witnesses. The accused having taken the plea of denial has however, not tendered any evidence. P.W.1 is the husband of the deceased-A and father of the accused, who is also the informant and his written report was treated as FIR (Ext.6). The daughter of P.W.1 and deceased-A has been examined as P.W.2, who is the step sister of the accused. Another son of P.W.1, who is the step brother of the accused has been examined as P.W.4. The person, who had scribed the FIR is P.W.5 whereas P.W.3 is a co-villager. The Doctor, who had conducted the post mortem over the dead bodies of the deceased-A and B is P.W.11 and another person namely, Bhagatram Jani has been examined as eye witness and he is P.W.8. The I.O. has come to the witness box at the end as P.W.14. Prosecution besides leading the above witness by examining the above witnesses has also proved several documents which have been admitted and marked Ext.1 to Ext.22, out of those Ext.2 and Ext.3 are the Inquest reports of Rakhi Rana and Rukmani Rana respectively. The FIR is marked as Ext.6 whereas the Post Mortem Reports are Ext.10 and Ext.11. The spot map prepared by P.W.14 is Ext.21 and the Chemical Examiner's Report is Ext.22.