SARANGA DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) APPELLANT was the accused in Sessions Case No. 45 of 1994 (S.C. No. 242/94 -GDC) of the Court of the Second Additional Sessions Judge, Berhampur. Charge for the offence under Section 302, I.P.C. was framed against them on the allegation that, on 1.3.1994 at 3 P.M. at Village Haripur in front of the house of Pandab Das he intentionally committed murder of Dambarudhar Das. The Appellant denied to the allegations and claimed for trial.

(2.) ACCORDING to the prosecution, because of land dispute between the parties on 1.3.1994 while the deceased was passing on the village street, the Appellant being armed with a 'Farsa' came and inflicted injuries. That occurrence was witnessed by P.Ws. 7, 8 and 10. When P.Ws. 7 and 10 over -powered the accused and snatched away the 'Farsa' (M.O. -I), thereafter the accused went to his house and came with the 'Kati' (M.O. -II) to behead the deceased, but again he was over -powered by P.Ws. 7 and 10 and the 'Kati' was taken away from him. The deceased succumbed to the injuries on his way to hospital.

(3.) LEARNED Addl. Sessions Judge referred to the evidence of eye -witnesses, viz., P.Ws. 7, 8 and 10 and recorded that Appellant is the author of the injuries. In that respect he also referred to the evidence of P.W. No. 3 Smt. Dukhi Das, a common relative to both the accused and the deceased, P.W. No. 4 Srimati Das who is the daughter of the deceased and discussed their credibility as eye witnesses on the ground that P.W. No. 3 having no enmity with the accused and P.W. No. 4 being the daughter of the deceased, would not have implicated the Appellant with the crime if he is innocent. Accordingly the Trial Court found the Appellant guilty of the offence under Section 302, I.P.C. and convicted him there under with the sentence of imprisonment for life.