NADU PANGI Vs. STATE OF ORISSA

JUDGEMENT

(1.) Challenge in this appeal by the solitary appellant Nandu Pangi is to the judgment of his conviction u/s 302 I.P.C. and order of sentence of life imprisonment with fine of Rs. 5000/ and in default in payment of fine to serve additional six months R.I. therefor, recorded by Ad-hoc Additional District and Sessions Judge, Fast Track Court, Malkangiri in Criminal Trial No. 5 of 2005, State versus Nandu Pangi, relating to G.R.Case No. 25 of 2005, P.S.Mudulipada, district Malkangiri.

(2.) Shorn of insignificant trivialities and stated laconically, prosecution case against the appellant, as was testified during the Sessions trial by fact witnesses, reveal that Chaula Khilla, (herein after referred to as D2), and his wife Indra Khilla/ PW4 resided in village Kandhaguda under the local jurisdiction of Mudulipada police Station district Malkangiri and the couple had a daughter Radha Pangi(herein after referred to as D1), who had married the appellant Nandu Pangi with whom they had three daughters and a son. Appellant was illitom son-in-law and resided in the same village of D2, his father-in-law, but in a separate one bedroom house situated at the southern side of the village road at a distance of hundred feet from his in-laws residence and carried on (D2's) agricultural activities. On the ill-fated occurrence night between 17/18.1.2005 at about 2 a.m. hearing weeping voice of their grandson, both D2 & PW4 woke up and they tramped to the house of D1 and the appellant only to witness their daughter D1 lying dead in a pool of blood and the appellant standing by her side with a Tangia. On query being made by the father, D2, as to why his daughter had been done to death, the appellant instead of replying, pushed father-in-law, D2, on the ground and dealt fatal Tangia blows on his chest causing his instantaneous death as well. The wife/widow/PW4 shrieked for help which attracted Matri Khilla, the informant/PW1, Sona Golari/PW3, Dinbandhu Golari/PW2 (the scribe of FIR), Kania Golari, Uday Khilla and many others at the incident scene who all saw present appellant accused holding a blood stained Tangia and sputtering proclaiming that he had murdered D1 & D2 and whosoever will come near will also face dire consequences of annihilation. Subsequently accused escaped from the occurrence spot.

(3.) Matri Khilla/PW1, s/o Pandu Khilla, cousin brother of D2, narrated the incident FIR arraigning the appellant as the sole perpetrator of the crime, which was taken down by Dinbandhu Golari/ PW2 and after verifying its contents that PW1 signed on it and then he carried his said FIR Ext.1 to Mudulipada police station at a distance of 18 Kms and lodged it on 18.1.2005 at 7 a.m., which was registered as crime no. 2 of 2005 u/s 302 I.P.C.