JAGATRAM MAGAR Vs. STATE

JUDGEMENT

(1.) This is an appeal from jail by the convict under Section 302, I.P.C. undergoing sentence of life imprisonment by the additional Sessions Judge, Sambalpur in Sessions Trial No. 26/9 of 1991.

(2.) Prosecution case, in brief, is that on 2-6-1960 (Sic)(2-6-1990) at about 9.00 a.m. while Chanashyam Majhi (P.W. 1) the brother of the deceased Abhiram was doing carpentry work in the house of his uncle Thaku Majhi of village -Turki Niktimal, Bipin, Sual, the brother-in-law of the deceased informed that his brother was killed by accused Jagatram Magar by means of an axe. P. W. 1 rushed to the spot along with his uncle and found his brother dead with injuries on his person. P.W. 1 came to the village and related the incident to one Susanta Patel and then came to the Police Station in his scooter and reported the incident orally, which was reduced to writing by the officer-in-charge, Mahulapali Police Station and registered P.S. Case No. 27 of 1990 under Section 302, I.P.C. On examination of the informant and Susanta Patel at the Police Station, the I.G. came to the spot along with the constable for conducting inquest over the dead body, examined the witness, sent the dead body to the Sub-Divisional Hospital, Kuchinda along with requisition for conducting postmortem examination. He seized various articles including blood-stained sample earth. At about 8 p.m. the same day while he was coming towards village Turki-Niktimal, A.S.I.A.G. Sahu produced the accused before him and he arrested the accused. While in police custody, the accused confessed to have killed the deceased and gave information leading to the recovery of an axe (M.O.I) from his bed room, whereafter the same was seized in presence of the witnesses. He also seized a stripped Lungi having stained with blood. On completion of investigation, the I.G. submitted charge-sheet against the accused under Section 302, I.P.C. Sub-Divisional Judicial Magistrate, Kuchinda committed the case to the court of Sessions Judge for trial and ultimately it has been tried by the Additional Sessions Judge, Sambalpur.

(3.) In all, prosecution examined 17 witnesses and filed certain documents in support of its case. P.W. 1 Ghanashyam Majhi is the informant and brother of deceased Abhiram. P.W. 2 Bipin Bihari Majhi is also the brother of deceased, P.W. 3 Suresh Kua is a co-villager. P. W. 4 Panu Behera is a witness about the confession of the accused. P.W. 5 Padmalochan Naik is a co-villager who had gone to the field along with the accused being engaged as a labourer by Baidyanath. P. W. 6 Bipin Bihari Suel is the brother-in-law of the deceased. P. W. 7 is Khidu Pradhan, a witness to the inquest. P. W. 8 Sunil Kumar Patel, P.W. 11 Chaitana Kua are the eye witnesses before whom the accused also made the extra-judicial confession. P.W. 9 is a seizure witness, P.W. 10 Padmalochan Harsal is a witness to the statement of the accused under Section 27 of the Evidence Act leading to discovery. P.W. 12 Raghumani Das is a witness to the seizure of Lungi etc. P.W. 13 is Sanatan Pradhan, Revenue Inspector, who prepared the site map and report. P.W. 14 is a witness to the seizure of the cycle. P.W. 15 is the doctor, who conducted post-mortem examination and submitted his report and P.Ws. 16 and 17 are the Investigating Officers.