CHANDRA MAJHI AND ANOTHER Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Criminal Appeal is filed against the judgment of conviction and sentence passed by the learned Additional Sessions Judge, Nuapada in S.C. No.58/17 of 2001 whereby the appellants were convicted under section 302 / 34 I.P.C. and sentenced to life imprisonment.

(2.) The conspectus of the case of the prosecution is that the deceased Bhagat Majhi has purchased a piece of land from Durbal Majhi and Ganesh Majhi for a consideration of Rs.10,000/- in the year 1998, but no document could be registered as appellant No.1- Chandra Majhi refused to give his signature in the document. The land in question purportedly stands recoded jointly in favour of Durbal Majhi, Ganesh Majhi and appellant No.1-Chandra Majhi. In spite of request of the deceased, appellant Chandra Majhi refused to give consent and to sign the document.

(3.) It is alleged inter-alia that on 1.11.2000 at 9 AM the deceased and his elder brother Santosh Majhi had visited the house of appellant Chandra Majhi and requested him to sign the document to facilitate registration of the document. But appellant Chandra Majhi and his son appellant No.2-Takat Majhi quarrelled with the deceased and following the quarrel, appellant Chandra Majhi assaulted the deceased by an axe on the head and other parts of the deceased causing profuse bleeding injuries and appellant Takat Majhi also assaulted with a lathi on different parts of the body of the deceased. At the spot the deceased succumbed to the injuries. The wife of the deceased raised hullah and the witnesses rushed to the spot. Thereafter the wife of the deceased lodged F.I.R. in the Police Station. During investigation post-mortem examination of the deceased was conducted and the witnesses were examined under section 161 Cr.P.C. The police seized incriminating materials from the spot. In course of investigation, appellant Chandra Majhi made statement under section 27 of the Evidence Act and led the police to his house and gave recovery of the axe, weapon of offence (M.O.I) and the said M.O.I was also seized. The wearing apparels of the appellants were also seized by the police during course of investigation. One lathi which is also the weapon of offence was also seized vide M.O.II. The seized properties were sent for chemical examination and the report was also received from the Chemical examiner. After completion of investigation charge sheet was submitted.