MARKANDA ALIAS RAJU SOREN Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the order of conviction and sentence passed by the Learned Sessions Judge, Mayurbhanj in Sessions Trial No. 86 of 1995 convicting the Appellant for commission of offence under Sec. 302 Indian Penal Code and sentencing him to undergo rigorous imprisonment for life.

(2.) The prosecution case as revealed from record is that the Appellant after death of his second wife, entertained a blind belief that somebody has a role to play in the death of his second wife and became anxious to know the reason. As per advise of some of the villagers, a team consisting of Bhima Soren (P.W.1 -brother of the accused -Appellant), Suna and deceased Kalicharan with their respective wives, went to a sorcer at Bahadagoda. The said sorcer raised an accusing finger at the family of Kalicharan but Kalicharan refused to have any kind of involvement in the death of the second wife of the Appellant. The villagers proposed to re -test the accusation by some other sorcer and asked the deceased to pay the money spent by the Appellant. The deceased family neither consulted any other sorcer nor did they pay any money to the Appellant. Subsequent to it, the son of the Appellant also died. Following the death of his son, Appellant suspected the family of the deceased of having some hand in such death and on 6.1.1995 at about 7 P.M. just after a brief quarrel with the deceased Kartika, the Appellant dealt blows by means of a 'DAULI' to Kartika in front of his own house. Thereafter when the parents of Kartika rushed to the spot to rescue, they were also assaulted by means of the said 'DAULI' resulting in three deaths. The Appellant thereafter severed the head of the Kartika, put it in a plastic bag and surrendered before the O.I.C., Rasgobindapur Police Station along with the severed head and the weapon of offence. A Station Diary entry was made and thereafter a case having been registered, investigation was undertaken and on completion of investigation charge -sheet was filed for commission of offence under Sec. 302 Indian Penal Code.

(3.) The plea of the Appellant was complete denial of the entire prosecution case.