LAWS(ORI)-2008-3-19

MOHAN MAHANTO Vs. STATE OF ORISSA

Decided On March 05, 2008
MOHAN MAHANTO Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) -BOTH the death reference and the jail criminal appeal arise out of the judgment and order passed by the learned Ad hoc Addl. Sessions Judge, Fast track Court, Rourkela in Sessions Trial no. 143/38 of 2006 convicting the appellant for commission of offence under Section 302 i. P. C. and sentencing him to death and also to pay fine of Rs. 5,000. No default sentence has been passed for non-payment of fine amount.

(2.) ACCUSATION in the case relates to commission of gruesome murder by the appellant of his wife Muni Mahanto and son babu, who was aged about one year in the night of 12-13 January, 2006. PW1 is the deceased's brother whereas the informant, pw4 is the appellant's neighbour. Prosecution case is that the appellant was residing with his deceased wife and son as a tenant in the house belonging to PW9 at Bisra. There was frequent quarrel between the appellant and the deceased wife. ]the appellant was present in his house with the deceased persons and some sounds were heard from the house of appellant in the night of occurrence. In the morning of 13. 1. 2006, pw4 and others found the door of the appellant's house was lying open and the dead bodies of the deceased persons, Muni and Babu lying inside the house with cut injury on the neck of the deceased Muni and a handkerchief tied around deceased Babu's neck. One iron paniki (MO I) stained with blood and a lathi (MO II) were lying nearby. The appellant was found absent. The informant PW4 lodged an F. I. R. , Ext. 4 at Bisra p. S. , on the basis of which PW10, the In-spector-in-charge, bisra Police Station registered the case and took up investigation. In course of investigation, PW10, inter alia, held inquest over the dead body, effected seizures of MO I and MO II and got the dead bodies subjected to post-mortem examination by PW 7 Dr. Khan at Bisra C. H. C. In spite of search, the appellant was found to be absconding till 30. 7. 2006 when he was apprehended in his native village teterkella. Prosecution asserts that the appellant made extra-judicial confession to have killed his wife and son before PW9. On completion of investigation, charge-sheet was submitted against the appellant.

(3.) THE appellant pleaded denial to the charge. In his examination under Section 313 Cr. P. C. , the appellant took a specific plea that he left for Punjab on 20. 12. 2005.