STATE OF ORISSA Vs. BAGH SYAMA

JUDGEMENT

(1.) THIS appeal has been preferred by the State against a judgment of the learned Sessions Judge of Koraput acquitting the accused of the charge under Section 302, Indian Penal Code.

(2.) ACCUSED Bagh Syama aged about 51 years stood charged under Section 302, Indian Penal Code with having committed the murder of his wife Bagh Subhadra on the night of 12th April, 1971. It was alleged that while Bagh Subhadra was sleeping on the verandah of the house the accused approached her with an axe at about 3 a.m. and gave successive strokes on her neck as a result of which she died instantaneously. A hulla raised by p.w. No. 3 Bagh Ramachandra, the minor son of the accused attracted the attention of the neighbours who came to the spot and found the accused standing in his courtyard with the blood -stained axe in his hand. The accused told p.w. 1 Surjya Gobinda at that time that as his wife did not supply fire he became irritated and killed her. P.w. 4 Prafulla Chandra Mohapatra took the axe from the hand of the accused and kept it in his house. On the next day, that is, 13 -4 -1971 at about 10 a.m. p.w. 1 lodged information before the A.S.I. at Muniguda Out -post who made a station diary entry and took up preliminary investigation. Subsequently the Officer -in -charge of Bissam Cuttack Police Station investigated into the case and submitted charge -sheet.

(3.) AT the trial, prosecution examined eight witnesses of whom p. ws. 2 and 3, the two sons of the accused were died as eyewitnesses to the occurrence. P. ws. 1, 4 and 5 are the neighbours who arrived at the spot Immediately after the incident and they deposed that the accused admitted before them to have committed the murder. P.w. 6 is the Investigating Police Officer and p.w. 8 is the Medical Officer who performed the post -mortem examination over the dead body. The accused did not adduce any evidence in support of the plea of insanity.