MANGE JOJO Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant being charged under section 302 of the Indian Penal Code for having committed murder of one Jayanti Jojo on 19-6-1982 by means of an axe, has been convicted thereunder and has been sentenced to undergo imprisonment for life by the Additional Sessions Judge, Rourkela by his Judgment dated 8.7.1983.

(2.) The prosecution story is that on 19.6.1982 at about 7 p.m. the appellant assaulted the deceased Jayanti Jojo by means of an axe in a paddy field of Thakur Barjo in Barjotoli of village Purunapanni (Pathantoli) and caused her instantaneous death. It was alleged that while P.W. 8 Soma Gudia, P.W. 9 Jaswa Kandulna and P.W. 10 Johan Kandulna were dining in the afternoon at about 5 p.m. in the house of P.W. 10, the accused appeared in a drunken state and demanded service of beaf curry to him. But P.W. 10 replied that the stock had already exhausted. The appellant thereafter insisted for giving him beaf curry and as a consequence there was a quarrel between them. The appellant left the place and reappeared some time after being armed with an axe and threatened to kill P.W. 10, who out of fear ran away towards Barjotoli. The appellant chased him with the axe to his hand. At that time the deceased Jayanti, elder sister of P.W. 10, apprehending danger to the life of her brother followed the appellant. The appellant finding Jayanti that had followed him, turned back and dealt several axe blows on the deceased which caused her instantaneous death.

(3.) P.W. 1 Joseph Kandulna, the cousin brother of the deceased informed the Gramarakshi, P.W. 2, after getting information about the murder of Jayanti. The Gramarakshi advised him to lodge a report at Hatibari Out Post which he did on the following morning. The Sub-Inspector of Police, attached to the said Out. Post recorded the Station Diary Entry on 20.6.1982 (Ext 10) and rushed to the spot. He held the inquest over the dead body, prepared the inquest report (Ext. 1) and sent the dead body for post-mortem examination. During the investigation he seized some blood stained earth and also got the appellant medically examined as he had appeared in Hatibari Out Post on 19-6-1982 at 10 P.M. and had produced the axe, M.O. 1 and complained about the injuries sustained by him. He seized a white full pant stained with blood under Ext. 3 as per the information of the accused, who led to the discovery while in custody on 8.7.1982 and sent the blood stained earth, axe, white full pant of the accused and the wearing apparels of the deceased, stained with blood for chemical examination. After completion of investigation he submitted charge-sheet against the accused.