ISHWAR MIRDHA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Appellant challenges order of conviction under Section 302, IPC in S.T. Case No. 224 of 1994 of the Court of Sessions Judge, Sambalpur. He was charged for that offence on the allegation that he committed patricide on 29.5.1994 inside the jungle.

(2.) Prosecution case is that, appellant and the deceased holding an axe each went to the jungle. In the jungle father (deceased scolded/abused the appellant and retaliating to that, appellant dealt axe blows on the deceased and killed him. After returning alone from the jungle, appellant was put to queries about whereabouts of the deceased and then, before his wife, daughter, cousin and covillagers, he made extra-judicial confession. Thereafter villagers together with appellant went to the jungle i.e., scene of occurrence, saw the dead body and lodged FIR. The dead body was sent for postmortem examination and the Medical Officer (P.W. 10) submitted the postmortem report (Ext. 13) with the opinion that deceased suffered homicidal death and injury No, 2 in Ext. 13 was sufficient in ordinary course of nature to cause death. The axe (M.O. 1) was produced before him and he opined that the injuries found on the dead body are possible by that weapon.

(3.) In course of trial, while denying to charge, appellant took alternative plea of his insanity. To prove that plea, accused examined two witnesses and also relied on medical reports of the doctor (D. W. 1) marked Exts. A, B & C.