MEGHANADA NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant has filed the present appeal from jail. In this Jail Criminal Appeal, the appellant has challenged his conviction under Section 302 of I.P.C. and consequent sentence of life imprisonment as imposed on him by the learned Adhoc Addl. Sessions Judge, Kamakhyanagar in Criminal Trial (Sessions) No.2 of 2003/Criminal Trial (Sessions) No.263 of 2003.

(2.) THE prosecution case in brief is that on 25.04.2003, the informant (P.W.1) along with his nephew was going to a pond to take bath at about 10.00 A.M. On the way, P.W.3 told her (P.W.1) that the accused was chasing the deceased with an axe and whether the deceased has returned home? Hearing this, P.W.1 came back to her home and after taking a bottle of water started searching for the deceased, who happens to be her brother. During course of search, P.W.1 found her brother lying dead with bleeding injury on his head. From this, she (P.W.1) deduced that her brother has been killed by the accused by means of an axe. Thereafter, P.W.1 searched for the accused, but could not find him. Accordingly, P.W.1 filed an F.I.R., wherein she stated that on that date, she had seen both the accused and deceased taking their goats for grazing in the morning and accused was holding an axe. The above mentioned F.I.R. was registered as F.I.R. No.67 (13) of 2003 at Parjang P.S., Dhenkanal (Ext.1). Accordingly, police took up investigation. During course of investigation, the Investigating Officer (P.W.6) held inquest over the dead body and prepared the inquest report (Ext.2). P.W.6 sent the dead body for postmortem examination and recorded the statement of witnesses. During course of investigation, the appellant was arrested and he made a confessional statement while in police custody under Section 27 of the Indian Evidence Act, 1872 and led to recovery of weapon of the offence, i.e., axe. P.W.5 conducted the postmortem examination and upon completion of investigation, police submitted charge sheet under Section 302 of I.P.C. against the appellant. P.W.6 also sent material objects of the case for chemical examination to State Forensic Science Laboratory, Rasulgarh, Bhubaneswar vide Ext.15. The plea of the appellant was/is complete denial.

(3.) IN the examination under Section 313 of Cr.P.C., the appellant generally denied all questions put to him. On completion of trial, the learned trial Judge found the appellant guilty for commission of offence punishable under Section 302 of I.P.C. and accordingly sentenced him to undergo life imprisonment.