GOUSINGA CHANDAN Vs. STATE OF ODISHA

JUDGEMENT

(1.) This is a case of matricide. The appellant Gousinga Chandan faced trial in the Court of learned Addl. Sessions Judge, Dharamgarh in Criminal Trial No.22 of 2016 (Sessions) for commission of offences punishable under Sec. 302 and 323 of the Indian Penal Code (hereafter 'I.P.C.') on the accusation that on 14/1/2016 in between 7.30 p.m. to 8.00 p.m., at village Gotabandh, he committed murder of his mother Gurubari Chandan (hereafter 'the deceased') and also voluntarily caused hurt to his paternal uncle Balabhadra Chandan (P.W.10).

(2.) The prosecution case, in short, is that on 14/1/2016 in between 7.30 p.m. to 8.00 p.m., while P.W.10 Balabhadra Chandan was present in his house, he heard cries of the deceased, who was his sister-in-law. When P.W.10 rushed to the spot, he found that the appellant was assaulting the deceased by one 'Pahuruni' (thenga) mercilessly and there were bleeding injuries on the deceased. When P.W.10 prevented the appellant, he was also assaulted by the appellant for which he also sustained head injury. P.W.10 shouted to draw the attention of others and accordingly, some of the co-villagers arrived at the scene of occurrence and they snatched away the 'Pahuruni' (thenga) from the hands of the appellant. The deceased was immediately shifted to C.H.C., Koksara in an ambulance, however, the doctor on medical examination, declared her dead.

(3.) After submission of charge sheet, the case was committed to the Court of Session where the learned trial Court framed charges against the appellant as aforesaid and since the appellant refuted the charges, pleaded not guilty and claimed to be tried, the sessions trial procedure was resorted to prosecute him and establish his guilt.