RAMESH PODHA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence passed by the learned Additional Sessions Judge, Anugul in Criminal Trial (Sessions) No. 296 of 2003/62 of 2003, whereby the appellant was held guilty under Section 302 of the Indian Penal Code, 1860 (for short "the IPC") and sentenced to undergo imprisonment for life having intentionally committed the death of one Ajit Kumar Podha (referred to as the deceased' hereinafter).

(2.) Prosecution story, in brief, is that in the intervening night of 18/19.04.2003, deceased, the younger brother of Sarat Kumar Podha (P.W.2) of village-Sapoinali (Chaulaputa). was in deep slumber on a cot in the outer verandah of his house where Maheswar Nath (P.W. 1), Pitabas Sahu (P.W.4) and Sarat Kumar Podha (P.W.2). were also sleeping. In the midnight hearing screaming of the deceased when P.Ws.1, 2 and 4 woke up, they were taken aback when on finding the appellant armed with an axe (Tangia) inflicting successive blows on the deceased lying on the cot. When those three persons raised alarm, the deceased holding the axe took to his heels. They found the deceased lying dead in a pool of blood with fatal injuries on his neck and other injuries on his palms, shoulder and cheek. According to the prosecution, 3 to 4 days prior to that fateful night, a village meeting convened on the allegation of the deceased that P W.2 had developed illicit intimacy with his wife. However, when P.W.2 was found to be innocent, it is alleged, the deceased warned the appellant for having supported P.W.2 who developed extramarital relationship with his wife Prosecution alleged that being frustrated and aggrieved, the appellant had threatened the deceased to take his life. Three to four days thereafter, this fateful incident occurred. That was the motive for the crime as per prosecution. P.W.2 on 19.04.2003 at 6 a.m. lodged F.I.R. (Ext.3) at Chhendipada Police Station whereupon P S. Case No. 37 dated 19.04.2003 was registered, investigation taken up, incriminating materials were seized; inquest was done over the dead body, under proper dead body challan the deceased was sent for post-mortem examination, witnesses were examined and on completion of investigation, charge-sheet was laid against the appellant under Section 302 of IPC.

(3.) On commitment, after framing charge under Section 302 of IPC and recording the plea of denial of the appellant, the Trial Court recorded the evidence when prosecution got examined 9 witnesses and exhibited 19 documents and IX Material Objects including the weapon of offence and bloodstains and clothes of the deceased and the appellant. After putting documentary and oral evidence under section 313 of Cr.P.C., 1973 to the appellant, the Trial Court provided opportunity to him to adduce defence evidence where appellant examined two witnesses The Trial Court on consideration of evidence found the appellant guilty under Section 302 of IPC and convicted thereunder. The appellant was awarded sentence, as mentioned above.