SAUDAGAR NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appeal is directed against the judgment of the Sessions Judge, Sambalpur in Sessions Trial No. 27 of 1982 convicting the appellant under section 302 I.P.C. for having committed murder by intentionally causing the death of one Mulchand Tewari by means of an axe and sentencing him to undergo imprisonment for life. According to the prosecution the incident took place on 2-12-79 at about 12 noon when the appellant suspecting the deceased Mulchand to be in illicit love with his sister, assaulted him all over the body by means of the axe (M.O. 1) when the deceased was returning to his house from Kuchinda on a bicycle. On receiving Information about the incident, P.W. 9 Dilip Tewari, the younger brother of the deceased, lodged information at Mabulpali P.S. The A.S.I. attached to the police station (P.W. 10), in the absence of the Officer-in-charge, registered a case under section 307 I.P.C. when he visited the spot at about 3.15 P.M. he found that the injured Mulchand was dead. Then he treated the case as one under section 302 I.P.C. held inquest on the dead body of the deceased, despatched the dead body for post-mortem examination, seized certain articles, sample blood-stained earth, from the spot and examined some witnesses. Later, the investigation was taken over by the Officer incharge of Mahulpali P.S. (P.W. 11), who examined the eye witnesses and after completing the investigation submitted charge sheet against the appellant. Having been committed to the Court of Session, the appellant stood his trial for the offence indicated above.

(2.) The defence was one of complete denial.

(3.) The prosecution in order to establish its case examined 11 witnesses including P.W. 1, the Medical Officer, who conducted post-mortem examination, P.Ws. 7 and 8 eyewitnesses to the occurrence, P.W. 9 the informant, and P.Ws. 10 and 11 the police officers who investigated the case. The prosecution relied on the motive, dying declaration of the deceased direct evidence of P.Ws. 7 and 8, extra-judicial confession, information leading to discovery of the weapon of offence and reports of the Chemical Examiner and the Serologist in support of the case.