LAXMA GAGARAI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the Judgment and order of conviction and sentence passed by Shri S.K. Mishra, Additional Sessions Judge, Rourkela in Sessions Trial No. 91/26 of 1994 convicting the Appellant under Section 302 IPC for causing murder of one Menja Munda and sentencing him to imprisonment for life and also convicting the Appellant for commission of offence under Section 307 IPC for attempting to commit murder of Sukram Sandil alias Tuti and Ramdas Manki and sentencing him to imprisonment for seven years for the aforesaid offence, but at the same time directing both the sentences to run concurrently.

(2.) THE case of the prosecution is that on the date of occurrence, Appellant assaulted one Laxmi Majhi with a sword who protected the blow by raising her hand and sustained cut injury in her right hand and shouted for help. When her brother came out of the house, Appellant chased him holding the sword. Laxmi Majhi followed the Appellant to know the fate of her brother and found the Appellant dealing blows by means of the said sword on Sukram. It is also the case of the prosecution that the Appellant dealt sword blows on the head of one Ramdas who was engaged in fencing. When Laxmi Majhi returned to her house, she found the deceased -Menja lying in front of her house sustaining head injury and was struggling. Thereafter Laxmi Majhi came to the police station along with her brother -Sukram as well as Ramdas along with the sword which had been snatched away from the Appellant and found the daughter of Menja present at the Police Station. The matter was reported and the case was registered for commission of offence under Sections 302/326/307 IPC.

(3.) THE prosecution examined as many as eighteen witnesses to prove charges, but none was examined on behalf of the defence.