GOVINDA NAYAK Vs. GOVINDA NAYAK

JUDGEMENT

(1.) The appellant Govinda Nayak faced trial in the Court of learned Adhoc Additional Sessions Judge, Sundargarh in Sessions Trial No. 97/18 of 2007 for offence punishable under Sec. 302 read with Sec. 34 of the Indian Penal Code (hereinafter 'I.P.C.') on the accusation that on 6/3/2007 at about 7.30 p.m. at village Baladmal (Kissan Pada), he in furtherance of common intention with Abhi Nayak (Juvenile) committed murder of Dharani @ Bhainra Kumura (hereafter 'the deceased') by assaulting him on his head and neck with an axe.

(2.) The learned trial Court vide impugned judgment and order dtd. 22/5/2008 found the appellant guilty under Sec. 302 of I.P.C. and sentenced him to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000.00(rupees ten thousand), in default of payment of fine, to undergo imprisonment for one year.

(3.) The prosecution case, as per the first information report (hereinafter 'F.I.R.') lodged by Duryodhan Kumra (P.W.6) before the I.I.C. of Sadar police station, Sundargarh on 6/3/2007, in short, is that the deceased was his younger son and on that day in the evening hours, after taking his food, the deceased had been to the house of co-villager Kalia Kissan (P.W.5) for collecting his wages. While the informant was in his house, P.W.5 and his son Bijay Kissan came to the house of the informant at about 07.30 p.m. and informed that the appellant and his brother co-accused Abhi Nayak quarreled with the deceased and the appellant committed murder of the deceased with an axe and then both the accused fled away. Getting such information, P.W.6 and his son Abhi Kumra came to the spot and found the deceased lying dead with bleeding injuries in front of the house of P.W.5. The co-villagers also assembled at the spot where the dead body was lying.