KARA MAJHI Vs. STATE OF ODISHA

JUDGEMENT

(1.) This appeal is directed against the judgment dtd. 29/11/2004 passed by the learned Adhoc Additional Sessions Judge (F.T.), Keonjhar in S.T. Case No.137/10 of 2003/04 arising out of G.R. Case No.165 of 2003 whereby the trial Court has convicted the present Appellant for the offence punishable under Sec. 302 of IPC and sentenced him to imprisonment for life.

(2.) The case of the prosecution is that at around 5 pm on 3/3/2003 (the day of Shivratri), the deceased went to the paddy field of one Pahalla Bej to collect some wood since one Akashia tree was lying there. The deceased, Dalu Mahanta, was at that time in the company of his wife Mana Mohanta, (PW-2), Bada Majhi (PW-4) and Madha Majhi (PW-3), the wife of Bada Majhi. Further, the case of the prosecution is that in the presence of PWs-2, 3 and 4 upon hearing the deceased say that he was going to use the Akashia tree for his own purpose, the Appellant who was holding an axe, got furious and dealt blows on the head of the deceased repeatedly. When PW-2 protested, the Appellant pushed her to the ground. The Appellant, thereafter, fled from the spot along with his axe while the deceased died on the spot. On the same date at around 10 pm, Rabi Mohanta (PW-1), the younger brother of the deceased Dalu Mohanta reported the matter to the Ghatagaon Police Station, the Officer-in-Charge (OIC) of which was Bijoy Krushna Mohapatra (PW-7). PW-7 then registered the FIR as Ghatagaon PS Case No.15 of 2003 and took up the investigation. He visited the spot and examined certain witnesses. The next morning, he held an inquest over the dead body of the deceased. He collected the blood-stained earth, sample earth, prepared a seizure list and dispatched the dead body for post-mortem.

(3.) The Appellant was arrested on the following day at 4 pm. According to the prosecution, while in the custody, the Appellant made a disclosure which led to recovery of the axe which was concealed in a paddy rack inside his house. Dr. P.K. Beuria (PW-6) was the doctor who conducted the postmortem. He noticed the following injuries on the body of the deceased: