JAIRAM MINZ Vs. STATE OF ODISHA

JUDGEMENT

(1.) This appeal has been entertained by this Court on a petition of the convict, namely, Jairam Minz from the Special Jail, Rourkela. The convict in this appeal seeks to assail the judgment and order of conviction and sentence dated 16.10.2004 passed by learned Addl. District & Sessions Judge, Rourkela in S.T. Case No. 102/10/2004 (arising out of G.R. Case No. 1706 of 2003 corresponding to Biramitrapur P.S. Case No. 126 of 2003 being committed by learned S.D.J.M., Rourkela). The appellant in the aforesaid case has been convicted under Section 302 I.P.C. and sentenced to undergo imprisonment for life.

(2.) Prosecution story in brief as revealed from the F.I.R. is that on 11.10.2003, while the deceased, namely, Ganeswar Minz, was assisting his mother namely, Gouri Minz (P.W.2) to enter into his house from the courtyard, she (his mother) fell down. The appellant, namely, Jairam Minz, who is a nephew of the deceased and saw the incident from a distance, thought that the deceased was assaulting his (deceased) mother. Hence, he rushed to the spot and challenged the deceased as to why he was assaulting his mother (grand mother of the appellant). Out of anger, he brought out an axe from the house of the deceased and dealt successive blows on the head of the deceased causing his instantaneous death. After the incident, the appellant fled away from the spot throwing the weapon of offence (axe) in the cashew field. After the incident, the daughter of the deceased, namely, Koili Minz (P.W.1) reached home and found her father dead. On being asked, her grand-mother (P.W.2) disclosed about the incident. Accordingly, she lodged the F.I.R. at Biramitrapur Police Station, which was registered as Biramitrapur P.S. Case No.126 of 2003. Since the F.I.R. disclosed a cognizable case, the I.I.C., Biramitrapur PS (PW-9) took up investigation.

(3.) During the investigation, P.W. 9 visited the spot and found the dead body of Ganeswar Minz with bleeding injuries lying inside his house. Thus, he made inquest of the dead-body in presence of the witnesses and prepared the inquest report vide Ext. 2. He also prepared the spot map (Ext.7) and dispatched the dead-body to Kuarnmunda P.H.C. for postmortem examination along with dead-body challan vide Ext. 8. He also seized sample earth and blood stained earth vide Ext.4 and examined the witnesses present there under Section 161 Cr. P.C. The wearing apparels of the deceased was seized vide Ext.10. On 15.10.2003, the appellant was arrested. During interrogation, the appellant led the I.O. (P.W. 9) and other witnesses to the cashew field, wherefrom the weapon of offence was recovered and seizure list under Ext.3 was prepared. Subsequently, the weapon of offence was sent to the Medical Officer for his opinion vide Ext.6/2. Ext. 6 is the opinion of the Medical Officer affirming the query to the effect that the injury could be possible by the weapon of offence. After the autopsy, the Medical Officer (P.W.8) submitted the postmortem report vide Ext.5. The postmortem report disclosed the following external and internal injuries:-