MURALIDHAR DIGAL Vs. STATE OF ODISHA

JUDGEMENT

(1.) This appeal has been filed by the appellant challenging the judgment dated 19.07.2002 passed by the learned Sessions Judge, Phulbani in S.T. Case No. 16 of 2000 convicting the appellant under Section 302 of I.P.C. and (sentencing him to undergo imprisonment for life.

(2.) The case of the prosecution is that on 05.08.1999 at about 7.30. P.M. one Lalita Digal, the informant went to Khajuripada Police station and orally reported before the Officer-in-charge that on that day her husband had been to die forest to collect fire wood. Her brother-in-law Bishnu Sahani along with his wife Sairendra Sahani came in a bicycle to her house and Bishnu Sahani asked her as to which place her husband had gone. He was in a drunken stage. She replied that her husband had been to the forest. Thereafter he abused her in filthy language and also to one Murali Digal. Out of fear the information remained silent. Murali Digal went inside his house and brought a "Tangi" by which he gave a blow on the head of Bishnu Sahani as a result of which he succumbed to the injury. Thereafter Murali Digal went to his house and changed his dress and proceeded towards Khajuripada Police Station. In the meanwhile her villagers came to the spot and she advised them to call her husband. Bishnu Sahani was residing at Phulbani. He has married the elder sister of her husband. On the basis of the aforesaid report, Khajuripada P.S. Case No. 35 of 1999 was registered and investigation commenced. In course of investigation the Officer-in-Charge of Khajuripada P.S. had conducted inquest over the dead body, sent the dead body of Bishnu Sahani for post-mortem examination, seized the incriminating materials. After completion of investigation, charge sheet was submitted against the accused persons.

(3.) The prosecution in order to establish the charges examined as many as eleven witnesses and exhibited several documents which were marked as Exts. 1 to 14. The weapon of offence and photographs were marked as M.O.I and I.Os. II TO II/5. Out of the witnesses examined by the prosecution P.W.1 is the Informant. P.Ws. 2 to 4 and 6 to 9 are independent witnesses. P.W.5 is the Doctor, who had conducted post-mortem examination. P.W. 11 is the daughter of the deceased and a material witness. P.W.10 is the Investigating Officer.