BUTU ALIAS MADHUA ORAM Vs. STATE

JUDGEMENT

(1.) This is an appeal from jail. The High Court Legal Aid and Advice Committee has engaged Mr. K.C. Mohanti, Advocate, for representing the appellant. The appellant has been convicted under Section 302, Indian Penal Code, 1860 (in short I. P. C. ) and sentenced to undergo imprisonment for life. He has also been convicted under Section 324,I.P.C. but no separate sentence has been awarded on that Count.

(2.) APPELLANT is a resident of Kolhapada of village Mirgamunda. On 25.6. 1980, at about 1 p. m. he was seen naked with a Tangia in hand entering into the house of P. W. 12 in the same pada. He assaulted the deceased Koyili Dei wife of P. W. 12 on her head by the sharp side of the Tangia causing fatal injuries. On protest by P. W. 12, the appellant also assaulted him on his face below the nose. Coming out of the house, when the appellant was proceeding towards the tank of the village, be saw one Abhimanyu going on a cycle. Stating Abhimanyu to kill him, the appellant chased him when Abhimanyu gave speed to his cycle to escape. The appellant threw the Tangia aiming at him which caused injury on the left ear of Abhimanyu. Some of the villagers who were near the tank rushed towards the appellant and brought him under control.

(3.) FROM the occular evidence of P. W. 12 corroborated by the post mortem report and the evidence of P. Ws. 9 and 11 who reached the spot immediately after the assault, it is clear that the appellant caused the injuries on Koyili resulting her death and also on P. W. 12. The finding of the learned Sessions Judge in this regard is unassailable. We are satisfied that the appellant was the author of the injuries.