MADKAMI LAKA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal from jail is directed against a judgment of conviction of the appellant for the offence under Section 302, I.P.C. and sentence of imprisonment for life for having killed his mother Metkami Erra.

(2.) Prosecution case in brief is that the appellant quarrelled with his wife (P.W. 3) suspecting her character and for this reason, the wife went away to her father's place. On 7-12-89 the appellant had gone to bring back his wife, but the wife did not come. In that evening the mother abused the appellant for having gone to bring his wife. In this regard, the appellant and his mother also quarrelled in the morning of 8-12-89 at about 6 A.M. when the appellant become furious and assaulted on the head of his mother by means of an axe causing her death. After the incident the appellant fled away with the axe.

(3.) When the charge for the offence under Section 302, I.P.C. was read over and explained to the appellant, he pleaded guilty and made the statement that out of fear, he killed his mother. In spite of such plea, witnesses were summoned and at the close of prosecution evidence, the appellant was examined under Section 313, Cr. P.C. when he took the plea of denial.