BIBHISEN AND Vs. STATE

JUDGEMENT

(1.) THE Appellant having been convicted under Section 302 IPC and sentenced to imprisonment for life has preferred this appeal from jail. The case against the Appellant as developed by the prosecution is that he is the nephew (husband's younger brother's son) of the deceased Parbati who was aged about eighty years, and was cultivating her lands. Since the deceased let out her lands to one Champai Oram on Shag basis, the Appellant had protested and nourished a grudge against her for which in the morning of 10.3.82 at about 10 or 10 -30 a.m. he came to her house with an axe, M.O. I. and threatended to kill her since she did not give him any land. As Parbati out of fear entered inside her house, he broke open the door, entered inside and axed her down while she was shouting for being rescued as she was being killed. The incident was seen by P.W 6, her nephew having the adjoining house, and who was chased a way on threat of assault by the Appellant when he went to the courtyard of Parbati asking the Appellant as to why he was assaulting her.

(2.) BESIDES the ocular statement of the sole eyewitness P.W. 6, the case against the Appellant is sought to be established through the evidence of P.W. 1, the medical officer who conducted the post -mortem examination. P.Ws. 2 and 3 who were witnesses to production of the axe M.O. I by the Appellant while in custody; P.W. 4 examined to prove the motive on the part of the Appellant to commit the crime; P.W. 5 the person before whom an extra judicial confession by the Appellant was made; P.W. 7 the Gramarakshi who was informed by P.Ws. 4 and 5 of the fact of the Appellant having killed Parbati and who lodged the FIR and P.W. 8, the investigating officer. P.W. 9 is the R.I. who on police requisition had prepared the spot map, Ext.16.

(3.) THE learned Sessions Judge in finding the Appellant quality has besides accepting the eye -witness account of P.W. 6 has also relied up the extra -judicial confession of the Appellant, the recovery of the weapon at his instance and also on his conduct of fleeing away from the village to Amgaon immediately after the occurrence.