GANESH SENDHA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Ganesh Sendha has been convicted under Section 302 I. P. C. by the Sessions Judge, for causing the death of his mother Gheti Sendha and sentenced to undergo R. I. for life.

(2.) THIS appeal has been filed from Jail. As the appellant was not represented by any Counsel we have engaged Mr. I. C. Dash, Advocate, to represent him at the State expense;

(3.) THE prosecution story is that on the date of occurrence between 8 and 9. 0' clock in the morning the deceased went to the village lane and asked the appellant as to why he was always frowning at her and told that if she had caused 'any loss to him, she would compensate the same. On hearing this the appellant was enraged and rushed to the deceased and gave a blow on her head on the blunt side of the axe, M. O. I., as a result of which the deceased fell down on the ground with bleeding injuries. It is found from the facts that the appellant has been staying in a separate mess away from his parents for about 8 to 9 Years. At the time of the occurrence, the appellant's father P. W. 2 was away with his daughter in the jungle for collecting fuel wood when P. W. 4. the sister of the appellant came home, she could learn that the appellant had killed her mother. When P. W. 2 came from the jungle he was informed abcut the same. P. W. 2 went to the place of occurrence and thereafter proceeded along with P. Ws. 3 and 6 to the P. S. where he lodged the F. I. R. Ext. 7, After the information was recorded and P. W. 2's statement was taken by the Investigating Officer, P. W. 9. the appellant appeared at the P. S. with the Axe in hand and reported that he caused the death of his mother with the axe. The Axe was seized and the appellant was arrested. On receipt of the F. I. R. the Police swung into action and investigated the case. During investigation inquest was held on the dead body and the dead body was sent for Post -mortem examination which was couducted by P. W. 7, Dr. P. K Singh. On conclusion of the investigation, the appellant was charge -sheeted and was put on trial.