JHITUKU JANI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Jail Criminal Appeal is directed against the judgment and order of conviction and sentence dated 24.4.2004 passed by the learned Ad hoc Additional Sessions Judge, Jeypore in Criminal Trial No. 59 of 2002/S.C. 16/2002 of Addl. S.J./144/01 of Sessions Judge. The learned trial Judge in the impugned judgment, held the appellant guilty of a charge under Section 302 of the Indian Penal Code (for short 'I.P.C.') and sentenced him to undergo imprisonment for life and pay a fine of Rs. 5,000/- in default to undergo R.I. for six months.

(2.) The prosecution placed before the Trial Court a case that the appellant family had animosity with the family of the deceased Dhanapii, inasmuch as four days prior to the date of occurrence, which is 18.12.2000, the father of the appellant was assaulted by the son of the deceased, for which a case was registered against the deceased and his son. On 18.12.2000, deceased had been to Jeypore with his wife and both of them left Jeypore for their village and in the evening time at about 5 p.m. reached in their village and on their way to home in the village road, the wife of the deceased was walking ahead of the deceased followed by him. The appellant then dealt a blow with an axe on the head of the deceased, for which he screamed and fell down. Hearing the screaming of the deceased, his wife turned back and found the appellant to be fleeing away from the spot with an axe. The wife of the deceased then made a shout that the appellant killed her husband. The daughter of the deceased, namely, Sunamani Jani, P.W. 7 came there and both of them shifted the deceased to their home. The other family members of the deceased arrived in the house and before them, the wife of the deceased disclosed the incident and they found the deceased to have succumbed to the injuries. The matter had been reported to the police in writing (Ext. 1) in B. Singhpur Police Station and police had registered a case and taken up the investigation. On completion of the investigation, police found substance in the report and charge-sheeted the appellant.

(3.) Relying on the aforesaid case of the prosecution placed before the Trial Court, which was supported by the materials collected during the time of investigation, the Trial Court framed the charge under Section 302 of Indian Penal Code against the appellant. The appellant having denied the charge, the prosecution examined the witnesses and also exhibited certain documents as well as the Material Objects to bring home the charge. The appellant, who had taken plea of denial and false implication, aid not examine anyone in support of his defence.