STATE OF ORISSA Vs. SUDAM

JUDGEMENT

(1.) The present Death Sentence Reference No.1 of 2014 and JCRLA No.10 of 2014 arise out of judgment dated 18.3.2014 in C.T . (Sessions) No.66 of 2012/49 of 2013 in which the learned Addl. Sessions Judge, Jajpur has held Sudam @ Dinabandhu Mallik guilty of offence under Section 302 of I.P.C. and accordingly convicted him thereunder. On such conviction, the learned Addl. Sessions Judge, Jajpur sentenced Sudam @ Dinabandhu Mallik to death, subject to confirmation by this Court and a fine of Rs.50,000/-, in default to undergo R.I. for three years. Challenging the aforesaid judgment of conviction and sentence, the convict-appellant Sudam @ Dinabandhu Mallik has filed JCRLA No.10 of 2014 before this Court.

(2.) The prosecution case in brief is that on 22.1.2012 on account of previous enmity, the convict-appellant Sudam @ Dinabandhu Mallik who was in hospital, left his hospital bed and picked up a spade from the hospital premises and chased Niranjan Mallik (deceased) from the hospital up to Srirampur Chhak and dealt three successive blows on the face of the deceased by using the spade. As a result of such ghastly assault, the deceased fell down in a pool of blood and died. Such ghastly assault by the convict-appellant was witnessed by P.Ws.5,6,7,10,11 and 22. On receiving information from P.W.7, P.W.4 came to Jajpur Town and lodged an F.I.R. in Jajpur Police Station, which was registered as F.I.R. No.5 of 2012. Thereafter, the police investigated the matter, conducted inquest over the dead body and sent the same to the District Headquarters Hospital for autopsy. P.W.19, the doctor who conducted the postmortem examination found five incised wounds on the face of the deceased and cutting of the bones underneath due to spade blows. The doctor opined that all the injuries were ante mortem in nature and death was due to haemorrahage and shock and on account of damage to vital organ like brain. He further opined that the injuries were sufficient enough to cause death. Police seized blood stained earth, one pair of leather chapal, one plastic chapal and bamboo lathi (all blood stained) lying at the spot of occurrence. Thereafter, police apprehended the convict-appellant and seized the weapon of offence, i.e, blood stained spade from his possession and also seized blood stained dhoti of the convict-appellant. The material objects were sent for chemical examination. After conclusion of investigation, the police submitted charge sheet against the convict-appellant before the court of learned S.D.J.M., Jajpur, who committed the case to the Court of Sessions. The convictappellant stood his trial under Section 302 of I.P.C.

(3.) The plea of the convict-appellant before the learned Addl. Sessions Judge was one of complete denial.