RABI MAJHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Appellant having been convicted for commission of offence under Ss. 302 and 323 Indian Penal Code and sentenced to imprisonment for life for his conviction under Sec. 302 Indian Penal Code and further sentenced to three months rigorous imprisonment for commission of offence under Sec. 323 Indian Penal Code by the Learned 2nd Additional Sessions Judge, Bhubaneswar in S.T. No. 30/532 of 1996, has preferred this appeal against the order of conviction and sentence.

(2.) The accusation on the basis of which the Appellant faced trial are that the deceased Saji is the married sister of the Appellant. Fifteen years prior to the occurrence, she had come to her matrimonial house with her minor son aged about seven months since she was ailing. On 28.7.1996 at about 3 P.M. when the informant Sudarsan Swain alias Magi (P.W.1) was taking food after returning from his field, he heard the voice of P.W.2 calling the villagers and shouting to the effect that the Appellant had dealt cut blows on his sister Saji by katari. Hearing about such incident, he rushed to the spot and found the sister of the Appellant, deceased Saji lying on the western side of the house near the village road with cut injuries on her body and the Appellant standing nearby holding a blood -stained katari. On being questioned by P.W.1, the Appellant said that he had killed the deceased and will kill her son and so saying the Appellant tried to enter into the house carrying the minor son of the deceased. The informant (P.W.1) thereafter physically intervened and caught hold of the Appellant. But the Appellant assaulted him by means of that katari causing bleeding injuries on his nose and chest. Even despite receipt of injury, P.W.1 caught hold of the Appellant along with katari and started shouting. Other persons of the locality arrived at the spot and the Appellant was over -powered and the informant (P.W.1) removed the katari from the hand of the Appellant. By that time Saji had already Succumbed to the injuries. Being asked by the villagers, the Appellant confessed to have killed the deceased on the ground that he asked the deceased to serve him food and since there was delay in serving the food, out of anger, he assaulted by means of katari. The information with regard to the incident was communicated to the OIC of the Chandka PS over phone; who after receipt of the information, arrived at the spot and on his arrival, P.W.1 narrated the incident before him which was reduced to writing and was treated as FIR (Ext.1). Investigation was conducted thereafter and on completion of investigation, charge -sheet was filed for commission of offences under Ss. 302 and 323 Indian Penal Code.

(3.) Prosecution examined as many as thirteen witnesses to prove the charges. But none was examined on behalf of the defence. The Appellant advanced the plea of total denial of the prosecution allegation and of false implication.