GANESWAR KISKU Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Appellant having been convicted for commission of offence under Section 302 of the Indian Penal Code (in short 'I.P.C.') and sentenced to imprisonment for life by the learned Addl. Sessions Judge, Baripada in S.T. Case No. 1/58 of 2001/2000 has preferred this appeal against the order of conviction and sentence.

(2.) AS it appears from the record, on 27.10.1999 the Appellant produced the head of the deceased kept in the career of his cycle and the blood stained axe before the Officer -in -charge of Betnoti Police Station and admitted to have killed the deceased Ghana Kisku. The said information was entered in the Station Diary and inquiry was conducted. In course of inquiry, it was revealed that the Appellant is the cousin brother of the deceased and both of them were residing in the village Sikarghati. There was a gourd in the gourd plant belonging to the deceased and on 27.10.1999 at about 7 A.M. the Appellant had taken away the gourd. When the deceased came to know about the same from his wife at about 9 A.M., he went to the house of the Appellant and there was some altercation of hot words between them. The deceased thereafter came back to his house and again went near the house of the Appellant at about 12 A.M. and quarrelled with him. At that time the wife of the deceased P.W.3 arrived there and took away the deceased. At about 4 P.M. on the said date when the deceased was going to the house of Gorachand Mohant to purchase rice, the Appellant dealt a blow by means of a Kuradhi on the back side of the head of the deceased as a result of which, the deceased fell down. Thereafter, the Appellant dealt successive blows by means of the said axe on the neck and other parts of the body as a result of which, the head of the deceased was severed from the trunk. The Appellant thereafter took the cut head of the deceased into his house and came out again with the cycle, kept the severed head on the career of the cycle and left the house. Thereafter he produced the severed head as well as the axe before the O.I.C. After all these matters were ascertained in course of inquiry, the O.I.C. drew up a plain paper F.I.R. and started investigation. On completion of investigation, he submitted charge sheet under Section 302 IPC and the Appellant faced trial for commission of the said offence.

(3.) THE plea of the defence as it appears from the statement made by the Appellant under Section 313 Code of Criminal Procedure is complete denial of the prosecution case.