GOBARDHAN MANASINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal at the instance of the appellant Gobardhan Mansingh is directed against the judgment dated 20.10.1995 passed by the learned Additional Sessions Judge, Khurda in Sessions Trial Case No. 21/125 of 1995 convicting the appellant under Section 302 I.P.C. and sentencing him thereunder to suffer imprisonment for life.

(2.) Prosecution case in brief is that on 14.10.1994 at or about 11A.M., P.W. 1 Golakha Patra lodged an oral information before the Officer-in-charge of Khurda Police Station alleging, inter alia, that Bhaskar, Patra (since deceased) was his younger brother. The deceased had gone to his land alone around 8 A.M. in the morning to tie paddy sheaves. At that time, the informant was in his office. Suddenly, P.W.2 Lachhman Patra came to his office at or about 9.15 A.M. on that date itself and report that deceased was murdered by the appellant in the said land called 'Chhuan land' by means of a katari after chasing him upto some distance. The murder was committed in the land of Jujhei Routray after the deceased was chased for some distance from his own land and the dead body was thrown away in the Chhuan land after dragging the deceased for some distance. The wearing apparels of the appellant like Lungi, and Banian as well as katari were all stained with blood. Everybody fled away on seeing the appellant shouting that the appellant had murdered the deceased who had earlier killed his brother and having instituted a case against him. The appellant even shouted that he was prepared to go to jail and that if the villagers dared to come to him, he would not hesitate to behead not less than fifty persons. It is also alleged in the oral information that father of the appellant was also a terror in the village. Some criminal antecedent of the appellant were also alleged in the said oral information. The said oral information was reduced into writing by the Officer-in-charge of said police station and on the basis thereof an F.I.R. under Section 302 I.P.C. was registered against the appellant. When the informant went to the police station he was accompanied by P.W.2, Lachhman Patra being a co-villager. He went to the police station along with P.W.2, Lachhman Patra on a bi-cycle.

(3.) After usual investigation police submitted charge sheet against the appellant under Section 302 I.P.C.