MADGA @ LUSU @ CHANDRAMOHAN MAJHI Vs. THE STATE

JUDGEMENT

(1.) THE Appellant stands convicted under Section 302, Indian Penal Code and has been sentenced thereunder to undergo R. I. for life.

(2.) THE prosecution case, in short, is that on the night of 24/25 -6 -1974 there was theft of some articles from the house of the deceased Mochiram Majhi. The deceased suspected his nephew, the accused, to have committed the said theft. In the morning of 28 -6 -1974 the deceased went to the house of the accused and found some of the stolen articles in the accused's house, and he brought back those articles to his house. At about 5 p. m. on the same day the deceased again went to the house of the accused with the hope of getting some more stolen articles. At that time the accused assaulted the deceased with an axe as a result of which the deceased died at the spot. Thereafter the accused brought a knife from his house and cut the scrotum and the penis of the deceased and set fire to his wearing cloth. P.Ws 2 and 5, two co -villagers, saw the occurrence from close quarters and immediately informed the villagers about the occurrence. P.Ws 6 and 8 lodged information about the occurrence at the Rairangpur Police Station at about 7 p. m. on the same day. After investigation and commitment proceeding the accused was tried for an offence under Section 302. Indian Penal Code of which he has been convicted.

(3.) P .W. 1, on post -mortem examination, found the following injuries on the deed body of the deceased ;