CHAKRADHAR BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN the present Jail Criminal Appeal, the appellant has challenged the order of conviction dated 15.3.2004 passed by the learned Additional Sessions Judge, Talcher in S.T. Case No.1 of 2003 under Section 302, IPC and consequent sentence to undergo imprisonment for life.

(2.) THE prosecution case in brief is that on 24.6.2001 at about 3 P.M., the deceased (Brahmananda) came to the house of the appellant and challenged him as to why appellant was defaming him in the locality by telling that the deceased was practicing witchcraft (sorcery). There was exchange of words between the appellant and the deceased. When the deceased was returning home, the appellant brought a hatchet (small axe) from his house and gave a blow on the blunt side of that hatchet on the back side of head of the deceased as a result of which he fell down on the ground. The appellant thereafter dealt successive blows to the deceased, dragged him to the back side of the house of Gurubari Bewa and dealt blows on the head and chest of the deceased. The appellant also attacked the chest of the deceased by a boulder. Thereafter, he jumped over the chest and belly of the deceased and finding him dead, left the place. On 25.6.2001, Gurucharan Pradhan (P.W.5), nephew of the deceased lodged a written report before the O.I.C., Pallahara Police Station basing on which the case was registered. After completion of investigation, the police submitted the charge sheet against the present appellant under Section 302, IPC. The defence plea is one of complete denial.

(3.) MR . Mohanty, learned counsel for the appellant assailed the judgment of the trial court on the following grounds;