HADI SISA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Jail Criminal Appeal is filed by the appellant from Jail assailing the judgment of conviction and sentence passed under Section 302 of the Indian Penal Code (hereinafter called as "I.P.C.") by the learned Sessions Judge, Dhenkanal-Angul in S.T. Case No.73 of 2002 sentencing him to undergo imprisonment for life for the offence under Section 302 of the Indian Penal Code (hereinafter called as "I.P.C.") and to pay a fine of Rs.5,000/- in default to undergo R.I. for one year for the said offence.

(2.) The unfolded story of the case of the prosecution is that the deceased Syama Soren and Surya Soren were residents of VillageSundhikateni. The villagers were suspecting the deceased persons as witchcrafts. So, on 19.06.2001 at about 1.00 pm, Kusunu Hesa (P.W.3) informed the Gramarakhi of the Village Suresh Mallick (P.W.1, informant) that the present appellant has caused murder of deceased Syama Soren and Surya Soren by assaulting them by means of an axe. Then the informant went to the spot and found the deceased persons lying with pull of blood. Therefore, he came to know that the present appellant suspected the deceased persons to have exercised witchcraft on his person and for that he has killed them. Then, the informant informed the police.

(3.) During investigation, police visited the spot, made inquest over the dead body of the deceased persons and sent the same for post-mortem examination, examined the witnesses, seized the weapon of offence and wearing apparels of the deceased and after completion of the investigation, submitted charge sheet.