SAURA MAJHI Vs. SGTATE OF ORISSA

JUDGEMENT

(1.) On April 24, 1980, the appellant and Katialu (to be described hereinafter as the deceased) were in the Dangarigaon jungle in the district of Ganjam, the former having gone to collect Salap juice and the later for collecting leaves. In that summer afternoon, sexual appetite urged the appellant to invite the deceased-both in their forties - For sexual intercourse. The deceased refused. The appellant wanted to forcibly have sexual intercourse and the deceased gave out that she would report this fact to the villagers. Upon this, the appellant took out the axe (M.O. I) which the deceased had and by means of that instrument, dealt two blows, one on the bead and the other on the neck of the deceased, resulting in her death. This then was the prosecution case. The appellants plea was one of denial and false implication.

(2.) The learned Sessions Judge has accepted the case of the prosecution and has convicted the appellant under section 302 of the Indian Penal Code and sentenced him thereunder to undergo imprisonment for life.

(3.) The order of conviction has been rested on the Judicial confession (Ex. 13) made by the appellant before the Special Judicial Magistrate in the course of investigation, the evidence of the doctor (P.W. 1) who had conducted the autopsy and the discovery and recoveries of the axe (MO. I) and its handle (MO. II), which had been kept concealed in the jungle, on the basis of the statement made by the appellant.