LUBAN MUTHA MAJHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is a prisonerTs appeal against his conviction under section 302 I.P.C. and sentence of imprisonment for life.

(2.) The prosecution case may be briefly stated. Manjunga Sunamajhi, P.W. 2, is the husband of deceased Tokilmai. In the month of Pausa in 1980 the cattle belonging to P.W. 2 had damaged Kandul crop of the accused (Appellant) and P.W. 2 was asked to pay Rs. 20/- as compensation to the appellant. P. W. 2 had paid Rs. 10/- to the appellant, but the balance sum of Rs. 10/- was outstanding. On 27.3.80 at about 9 A.M. while P.W. 2 was away from his house, the appellant went to P. W. 2s house and demanded payment of the balance sum of Rs 10/- from the deceased. The deceased replied that she was not in a position to make payment. It is alleged that on refusal of payment by the deceased, the appellant dragged her out of the house and dealt an axe blow on the head of the deceased as a result of which she died at the spot. The assault on the deceased by the appellant was seen by P.Ws. 3 and 6 and one Brundi, co-villagers, who went to Rada Kanda Guda where P.W. 2 was engaged with his cattle and informed him that the deceased had been killed by the appellant. All of them returned to P.W. 2s house and thereafter P.W. 2 went to Subarnagiri Outpost where he lodged a written report at 3 P.M. relating to the occurrence with P.W. 8, the Assistant Sub-Inspector of Police. Ext. 7 is that written report. P.W. 8 examined the informant and other witnesses and arrested the appellant. While in police custody, the appellant stated that he had hidden the axe in a Sargi bush at Malaghara Dangara and so saying the appellant led P. W. 8 and other witnesses to the Dangara wherefrom he produced the axe M.O. I which was seized by P.W.8 under the seizure list Ext. 5/1. P.W. 9 is the Officer-in-Charge of Kothagarh Police Station to whom P.W. 8 forwarded the written report Ext. 7. On receipt of the report P.W. 9 registered the present case and took over investigation from P.W. 8 on 27.3.80. On 28.3.80 P.W. 9 had held inquest over the dead body and thereafter sent it for post-mortem examination. P.W. 9 had seized the bloodstained clothes of the deceased from the place of occurrence under the seizure list Ext. 9. The seized articles including the axe M.O. I and the blood-stained clothes of the deceased were sent to the Chemical Examiner, vide Ext. 11, the forwarding letter. The Chemical ExaminerTs report is Ext. 16 and according to the said report human blood of AB group was found on the axe M.O. I as well as on the blood-stained Saree of the deceased. After completion of investigation charge- sheet was submitted against the appellant who was thereafter committed to the Court of Session for his trial.

(3.) At the trial nine witnesses were examined on behalf of the prosecution and none on behalf of the defence. The defence plea is one of complete denial. In his statement recorded under section 313 Cr. P.C. the appellant has denied all the allegations made against him. He has denied that he had given recovery of the axe M.O. I or that he had made any extra-judicial confession before his covillager P. W. 7. The learned Sessions Judge who tried the Case found the appellant guilty under section 302 I.P.C., convicted him thereunder and sentenced him to imprisonment for life.