RAMU MINZ Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE judgment dated 29-10-1997 passed by the Sessions Judge, sundargarh in S. T. No. 185 of 1995 convicting the accused-appellant for the offences under Section 302 of IPC and sentencing him thereunder to undergo imprisonment for life is under challenge before this Court.

(2.) SUCCINCTLY stated the case of the prosecution is that on 21-5-1995 the deceased mangi Tirkey had been to village Kandeberna to witness Jatra. On the next day morning rafel Ekka (P. W. 4 ). Tophil Kindo, Manbodh bhairnsal (P. W. 10), the accused and the deceased took handia in the house of Sarojini toppo (P. W. 7 ). Sometime thereafter accused and deceased Mangri Tirkey went to the house of Raphel (P. W. 4) where again they took Handia. Thereafter, while the deceased, accused and P. W. 10 Were returning to their respective villages through a pathway in kandeberna jungle on the way accused by holding her hand dragged the deceased. Being annoyed the deceased dealt a slap on the accused, in retaliation the accused also slapped to the deceased for which she fell down. On rising up, while the deceased was running away, accused pelted a stone, which hit her head causing bleeding injuries. At the sight of profuse bleeding P. W. 10 fled away. On 25-5-1995 during morning hour while Ranthi Tirkey (P. W. 2), daughter of the deceased was collecting firewood in kandeberna jungle she saw the dead body of her mother lying naked. On the same date at 5 p. m. P. W. 2 along with his uncle, Suresh tirkey went to Kinjirkela police station where he verbally reported the incident before the oic which was reduced into writing. As the allegation revealed a cognizable offence under Section 302 of IPC the OIC of Kinjirkela P. S. registered the case and swung into action. He visited the spot, seized a stone lying there with blood stain, held inquest over the dead body, sent it to the morgue for autopsy, arrested the accused on 25-5-1995, seized his wearing apparels and prepared seizure list in respect thereof, forwarded the accused to Court, sent the seized stone to the medical officer, who conducted autopsy over the dead body to opine whether or not the head injuries found on the dead body could be possible by it, to which he answered in affirmative and after conclusion of the investigation finding a prima facie case against the accused the I. O. submitted charge-sheet against him under Section 302 of IPC. The accused faced trial for the said offence before the Sessions Judge, Sundargarh.

(3.) TO bring home the charge under Section 302 of IPC against the accused, prosecution examined as many as 14 witnesses as against one by the defence. After assessing the evidence on record the trial Court found the accused guilty of the offence under Section 302 of IPC and sentenced him thereunder to undergo imprisonment for life. Being aggrieved with the said order the accused (hereinafter referred to as "appellant") while in jail has preferred the present appeal.