YAKUB BARLA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This JCRLA is directed against the judgment and order dated 4-4-2006 passed by learned Ad-hoc Additional Sessions Judge, Bonai in Sessions Trial No. 126/42 of 2003-2004 convicting the appellant under Section 302, IPC and sentencing him to undergo imprisonment for life for the said offence and to pay a fine of Rs. 5000/- and in default to undergo R.I. for further one year.

(2.) The prosecution case as revealed from the FIR, in a nutshell, is that on 26-3-2003 at around 12.45 p.m. the informant Devprakash Jaiswal, who is a driver by avocation was waiting near tube-well for arrival of his labourers after lunch. At that time he spotted a local resident namely Yakub Barla (appellant) armed with "GHANA" (hammer) tramping on the road uttering words "to kill today" and proceeding towards the house of Rama Pradhan. Thereafter, aged wife of Rama Pradhan was heard telling him Sukurmani (deceased) what have I done to you". Subsequently, P.W. 5 heard hammering sound emanating from the house of Rama Pradhan. Circumstantially, one girl namely Laxmi Jarei (P.W.7) came running towards him in a distressed mood from the house of the deceased. Seeing her P.W. 5 suspected some foul play and rushed towards the house of the deceased and found the deceased lying dead with profuse bleeding from her mouth having injuries on her left side face and under the right side ear. P.W. 5 further found the accused Yakub Barla returning from the spot towards his house with a blood stained hammer. P.W. 5 raised hullah that Yakub killed the old lady Sukurmani by hammer, on which Rabi Singh, Jagdish Nag and other villagers reached the spot. P.W. 5 reported the matter orally at Police Station which was reduced into writing by the O.I.C., Koira P.S. Basing upon the said report Koira P.S. Case No. 11 of 2003 was registered under Section 302, IPC against the accused and investigation was set into motion, during course of which, inquest (Ext. 1) was held, post-mortem examination (Ext. 7) was done and the I.O. seized the wearing apparels of the accused vide Ext. 2, wearing apparels of the deceased vide Ext. 3, blood stained earth, sample earth (Ext. 5), weapon of offence (Ext. 6), received the Chemical Examination report (Ext. 15) with serological report (Ext. 16) prepared spot map (Ext. 11), interrogated witnesses and recorded their statements and on completion of investigation, charge-sheet was submitted under Section 302, IPC against the present appellant.

(3.) The plea of the appellant is that of total denial of the allegations.