RATNAKAR DANDASENA Vs. STATE

JUDGEMENT

(1.) This is an appeal from Jail by the convict Ratnakar Dandasen against the order of conviction and sentence passed by the learned Sessions Judge, Sundargarh in Sessions Trial Case No. 172 of 1991 arising out of G. R. Case No. 252 of 1992 and Teluara P. S. Case. No. 47 of 1991. The convict faced trial before the learned Sessions Judge under Section 302 Indian Penal Code, 1860 (in short the 'IPC') for intentionally causing the death of Sumanta Dandasena by means of an axe.

(2.) The prosecution case as un lded (sic) from the evidence of the witnesses is that the informant Srikara Dandasena of village Balisankra, P. S. Tolsera, in the district of Sundargarh is the elder brother of the accused Ratnakar Dandasena. On 4-6-91 at about 7 p.m. in the evening while the informant (PW-1) was sitting on a cot in his Court yard and his wife Dukhi Dandasena (PW-2) was sitting on the varandah and one 'Dibri' was burning on the varandah, his younger brother with an axe came and sat near him on the cot. On enquiry by the informant, the accused told him that he was just returning after finishing his labour in the house of Daya Dandasena. When the informant asked him as to why he was moving with an axe, and asked him to go back to home. In the meantime, his wife with her children came there and asked the accused to return home. At this, accused got up from the cot and started returning home. At that time, the nephew of the informant named Sumanta Dandasena came there with a radio and both the accused and Sumanta met face to face with each other. Sumanta asked the accused as to why he was moving here and there and requested him to accompany to his house to take 'Kusuma'. The accused agreed to accompany but suddenly dealt a blow on the neck of Sumanta by means of axe, as a result thereof, Sumanta fell down annd trembled. The accused gave several other blows to the deceased by means of axe. At this the informant (PW-1) shouted, and his wife came and noticed the incident. The wife of the accused also arrived there and protested. The accused went towards the house of Sujan Dandasena when PW-2, the wife of the informant snatched the axe from his hand. Thereafter, the accused fled away. Sumanta was taken inside the house with bleeding injuries on his head, back and neck. The villagers have been called and Sumanta was taken to the hospital but he died there. On the oral complaint of Srikara Dandasena a case was registered and investigation started. After completion of investigation, chargesheet was submitted by the officer-in-charge and the convict was put to trial.

(3.) The defence is a plea of denial.