SANTOSH KUMAR JAGAT Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the Judgment dated 31.07.1989 passed by the learned Addl. Sessions Judge, Titilagarh in S.C. No. 53/12 of 1988 convicting the Appellant under Sections 394/397 IPC read with Section 27 of the Indian Arms Act and sentencing him to undergo rigorous imprisonment for 8 years and to pay a fine of Rs. 500/ - in default to undergo rigorous imprisonment for two months more.

(2.) PROSECUTION case in brief is that on 14.03.1988 morning P.W.4 -Mithila Putel and her daughter Panchami Putel (P.W.5) were plucking tomatoes from their bari. Just then, the Appellant appeared and asked P.W.4 to give him tomato. As P.W.4 refused, Appellant caught hold of her neck, closed her mouth and snatched away a pair of gold Jhulki, which she was then wearing on her ears. When P.W.5 tried to shout, the Appellant stabbed on her chest and back with an iron knife, as a result of which she sustained injuries on her person. But when P.W.5 raised hullah, the Appellant started running. He was chased by P.W.2 and others and caught red handed. He confessed his guilt and gave recovery of a blood stained knife, two iron Barchhas and also a pair of golden Jhulki, which he had snatched away from P.W.4. The matter was reported to police. Ultimately, final form was submitted under Sections 397/394 IPC read with Section 27 of the Indian Arms Act.

(3.) IN order to prove its case, prosecution examined as many as 7 witnesses, including the doctor (P.W.3) and the I.O., exhibited seven documents and proved three material objects including the weapon of offence, i.e., knife.