CHANA BADANAIK Vs. STATE OF ODISHA

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment and order dated 24.03.2004 passed by the learned Adhoc Addl. Sessions Judge, Jeypore convicting the present accused -appellant under Section 302 of I.P.C. and sentencing him to undergo R.I. for life and to pay a fine of Rs.1,000/ -, in default to undergo R.I. for further six months in C.T. Case No.24 of 2002.

(2.) SUCCINCTLY stated the prosecution case is that on 12.10.1999 (Tuesday), the accused, his wife (the deceased), their daughter Rita and younger son Dama, after taking dinner, slept in one house. On that day, the sister of the accused, namely, Singi Muduli came to his house and she was also staying with them during that night in the same premises. At about 1.00 A.M., in the night, when the younger son of the appellant cried, the sister of the appellant, Singi (D.W.1) woke up and saw the deceased lying in bleeding condition with her neck cut. Her brother (appellant) ran away from the house. While going, he told that he gave a blow to the deceased -Jama on her neck with an axe (Tangia) as she quarreled with him. He left the house leaving the said Tangia in the house and Jama succumbed to the injuries. The sister of the accused Singi, informed the matter on the next date early morning to one Ghasi Badanaik (P.W.3) of the said village. He (P.W.3) went to the house of the accused and saw the deceased lying dead in a bleeding condition and the weapon of offence, i.e., the axe was lying nearby. He called other villagers including the Sarpanch who instructed him to lodge an F.I.R. before the police. Accordingly, he lodged the F.I.R. on the next date at Koraput Sadar P.S. The F.I.R. was registered and after investigation, charge sheet was filed against the accused -appellant. During investigation, the I.O. seized the other incriminating materials including the wearing apparels of the deceased and the weapon of offence and sent all those articles for chemical examination. After completion of investigation, charge sheet was submitted against the accused -appellant under Section 302 of I.P.C.

(3.) THE defence plea is complete denial of the occurrence. In order to prove its case, prosecution examined as many as nine witnesses including the doctor (P.W.6) who conducted autopsy over the dead body of the deceased and exhibited 13 documents. The defence has examined two witnesses including the present appellant.