SUDARSAN BAG Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant having been convicted for commission of offences of murder of deceased Basanti under section 302, I. P. C. and sentenced to undergo r. I. for life and also voluntarily causing hurt to P. W. 2 Rasananda and P. W. 3 Nila and sentenced to undergo R. I. for one year by the learned Addl. Sessions Judge, sambalpur in S. T. Case No. 201/34 of 1995 has preferred this appeal.

(2.) THE appellant is deceased's brother. The informant P. W. 4 is son of brother of father of the accused and deceased. P. Ws. 5 and 6 are respectively the mother and the sister of the accused and deceased. P. W. 2 is P. W. 4's brother.

(3.) PROSECUTION case is that as the appellant was exhibiting symptoms of madness, his sister P. W. 6 had called P. W. 2 and P. W. 7, a co-villager as well as some co-villagers to sleep in their house and keep watch over the appellant in the night of 2/3-1-1995 when the occurrence took place. The house of informant P. W. 4 is situated at a distance of about 100 yards from the house of the appellant. At about 11. 00 p. m. , P. Ws. 2 and 3, with bleeding injuries on their person, came to P. W. 4's house. P. W. 2 told the informant P. W. 4 that in the night when he was sleeping in the house of the appellant, the appellant expressed his desire to go out to attend the call of nature. When the appellant was not allowed to go out, the appellant quarrelled with P. W. 2 and others upon which the appellant was brought inside the house. The appellant suddenly brought out a sword and dealt blows causing injuries on the heads of P. Ws. 2 and 3. When the deceased came and protested, the appellant dealt sword blows on the neck and other parts of her body as a result of which the deceased sustained injuries, fell down ahd died. P. W. 2 went to the spot and found the deceased lying dead in the courtyard with injuries on her body. On the basis of P. W. 4's oral report made at 1. 00 a. m. in the same night, P. W. 11 the Officer-in-charge, govindpur P. S. prepared written F. I. R. Ext. 10, registered the case and took up investigation. In course of investigation, witnesses were examined, inquest over the dead body of the deceased was conducted, dead body of the deceased was subjected to postmortem examination and also injured persons P. Ws. 2 and 3 were medically examined at Govindpur C. H. C. by P. W. 8, seizure of articles including the weapon of offence and wearing apparels of the appellant was effected and the seized articles were sent for chemical examination. Upon completion of investigation, P. W. 12, the Circle Inspector of Police, kuchinda submitted charge-sheet against the appellant for commission of offence under Sections 302/324, I. P. C. Accordingly, the appellant faced trial for commission of the aforesaid offences.