KALIA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The present appeal is directed against the judgment dtd. 31/7/2009 passed by the Sessions Judge, Mayurbhanj, Baripada in S.T. Case No.204 of 2007 convicting the Appellant for the offence punishable under Sec. 302 of IPC and sentencing him to undergo Rigorous Imprisonment (RI) for life and to pay a fine of Rs.1,000.00 and in default to undergo RI for one month.

(2.) The case of the prosecution was that the Appellant was married to the daughter of the deceased. His wife had left him three years prior to the incident and was staying with her mother, i.e., the deceased. On 13/3/2007 at around 3 pm, the Appellant came to the house of the deceased where she was along with her grandson Bapun Singh (PW-9) who at that time was four years old. The appellant caught hold of the top of the hair of the deceased and assaulted her with an axe (budia) on her neck and head region and she died on the spot.

(3.) The star witness of the prosecution was PW-9 who also happened to be a child witness. As noticed in the para-10 of the impugned judgment of the trial Court PW 9 was six years old by the time he was examined by the prosecution at the trial. He could give rational answers to the general questions put by the Court. Although he was not administered oath, he was very clear and cogent about what he had seen on the fateful day. Despite cross-examination, the veracity of his testimony could not be shaken.