LAWS(ORI)-2017-9-132

DHANA HALWA Vs. STATE OF ORISSA

Decided On September 12, 2017
Dhana Halwa Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) By the impugned judgment and order dated 01.10.2004 passed by the learned Sessions Judge, Koraput at Jeypore in Criminal Trial No. 32 of 2003, the appellant has been convicted for commission of offence under Section 302 of the Indian Penal Code (hereinafter referred to as the 'I.P.C.') and sentenced to undergo imprisonment for life.

(2.) Prosecution placed before the Trial Court a case that the deceased, Laichan Bhumia and the appellant are the residents of village Umuri (Nisani Munda) under the Jeypore Sadar P.S. in the district of Koraput. The deceased and the appellant used to quarrel in the village frequently. Owing to the same, on 27.08.2002 at about 3.00 PM. when the deceased had been to the bore well located near the Anganwadi centre of the village along with his wife, to take bath the appellant came there with an axe and dealt successive axe blows on the deceased, as a result of which, the deceased sustained multiple injuries on her person and succumbed to the injuries. The informant (PW. 1), who was working as Grama Rakhi under Jeypore Sadar P.S., thereafter, arrived at the spot and found the dead body of the deceased was lying near the bore well and his wife (PW. 3) was crying, sitting by the side of dead body of the deceased. On being enquired by the Grama Rakhi, the widow of the deceased disclosed that the appellant assaulted her husband with an axe and did him to death. The informant also saw the appellant who was present there, running towards the main road with an axe. The Grama Rakhi (PW. 1) then reported the matter in writing (Ext. 1) to police at Jeypore Sadar P.S., pursuant to which, Jeypore Sadar P.S. Case No. 124 of 2002 was registered and investigation was carried on. During the course of investigation, the I.O. (PW. 9) basing on the materials collected, found the F.I.R. allegation to have substance and as such placed the charge-sheet against the appellant for commission of offence under Section 302 of the IPC before the learned SDJM, Jeypore. Learned SDJM, Jeypore placing reliance on such materials committed the case to the Court of Sessions and as such the appellant be proceeded with the charge.

(3.) Basing on such case of the prosecution, charge under Section 302 of the IPC was framed against the appellant by the Trial Court to which the appellant pleaded not guilty and as such the prosecution examined ten witnesses besides exhibiting certain documents as well as the material objects, to bring home the charge. The appellant who had taken the plea of denial simplicitor, did not adduce any independent evidence in his defence.