PANDU PANDU KUNDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal from the Jail is directed against conviction of both the appellants for the offence under Section 302 read with Section 34 of the I.P.C. and sentence of imprisonment for life passed there under against each of them, appellant Pandu Kunda is the uncle of appellant Bentkar.

(2.) The prosecution story; in brief, was that Urlu Kunda (deceased) father of P. W. 4 show sorcery prior to the occurrence, father, mother and sister of appellant Bentkar died. For this, appellant Bentkar supported Urlu to have killed them by sorcery When the matter stood thus, on 21.10.1988 at about 8 P.M. at their village Andheri Chaman when Urlu Kunda was coming from the side of his house, he was followed by both the appellant, appellant Bentkar holding the axe (M.O. 1.). He handed over the axe to appellant Pandu. Then the latter by means of the axe, assaulted Urlu Kunda on his head as a result of which he fell down and thereafter appellant Pandu dealt 5 to 6 more blows by means of the same axe to him, after which both the appellants left the place. As a result of the head injuries, Urlu Kunda succumbed to them at the spot.

(3.) Both the appellants denied the crime alleged against them and pleaded innocence.