MANMATH SINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment passed by the learned Sessions Judge, Baripada, convicting the appellant for an offence under section 302, Indian Penal Code and sentencing him to undergo imprisonment for life.

(2.) THE prosecution case shorn of unnecessary details is that the appellant, son of the informant (P.W. 7) Guruva Singh, suspected that the deceased Dushasan Choudhury by practising witchcraft had killed his minor daughter. Out of revenge he intended to kill the deceased. On 27.4.1983 which was a full -moon day in the month of Baishakb, the appellant and the deceased, both drunk, came to the house of the former at about 8.30 p.m. While the deceased sat down on a cot in the outer courtyard, the appellant went inside the house muttering that he would murder the deceased. He came out of the house with a sword like knife but was restrained by his mother. P.W. 7 apprehended danger to the life of the deceased and so he took him along with him so as to leave him in his own house at a little distance away. The appellant followed them all the while threatening and went to the extent of asking his father, P.W. 7 to leave the deceased alone otherwise he would be killed first. At this threat, P.W. 7 apprehended danger to his own life and out of fear he ran away to the house of P.W. 6 Dalu Bindhani and shouted for his help. P.W. 6 came out of his house and both of them saw in the clear moon -light that the appellant first gave a push to the deceased who fell down on the ground. Thereafter, he dealt several blows by means of the sword like knife causing severe bleeding injuries on the deceased. The deceased died instantaneously and the appellant fled away from the place of occurrence taking the sword like knife with him. Later in the evening, P.W. 7 lodged F.I.R. (Ext. 7) at Baripada Town Police Station. Investigation commenced and charge sheet was submitted against the appellant.

(3.) LEARNED Sessions Judge believing the prosecution case took into consideration three aspects, namely, the evidence of P.W. 6 the sole eye witness to the commission of murder of the deceased by the appellant was unimpeachable, the appellant gave information leading to the discovery of the sword like knife (M.O. I) as deposed to by P.Ws. 1, 2 and 8 whose evidence was reliable and from the wearing apparel of the appellant blood of the same group as that of the deceased was detected by the serologist in his report (Ext. 4). Accordingly he convicted and sentenced the appellant as aforesaid.