GANGA ALIAS GANGADHAR BEHERA Vs. STATE

JUDGEMENT

(1.) In this appeal from Jail Gangadhar Behera (hereinafter referred to as the 'accused') has questioned legality of his conviction for commission of offence punishable under Section 302 of the Indian Penal Code, 1860 (in short, 'IPC') and the sentence of imprisonment for life as awarded by the learned Second Additional Sessions Judge, Berhampur. Three other persons stood trial with him under Section 302/109, IPC, but learned trial Judge acquitted them.

(2.) Law was set into motion by Manoj Kumar Sahu (P.W.1) (hereinafter referred to as the 'informant') to the effect that the accused was involved in gambling activities in his house. Other accused persons and Saroj Kumar Sahu (P.W.4) were parties to the gambling. Dayanidhi Sahu (hereinafter referred to as the 'deceased'), who was father of P.W. 4, objected to such activities. He blamed the accused for spoiling the people of the locality. Because of this, the accused bore grudge against him. Other accused persons thought that the deceased was creating problem and his life was to be done away with. On 16-9-1991 early in the morning the deceased had gone to attend call of nature. At that time Raghunath Behera (P.W.7) had gone out for fishing. The accused-appellant was present on the culvert of Gogai Nala with a fishing net, but was not fishing. While the deceased was brushing his tooth sitting on the culvert, the accused-appellant gave axe blows on his head as a result of which he fell into the canal. This act was witnessed by P.W.12 and her sister. They informed the matter to some of the villagers and Suresh Kumar Das (P.W.5) informed the matter to Brandaban Swain (P.W.6) who in turn informed Manoj Kumar Sahu (P.W.1). All of them came to the spot and saw the deceased lying dead. The informant went and reported the matter to the police. During investigation the Investigating Officer (P.W.13) held inquest over the dead body and sent the dead body for post mortem examination. After completion of investigation, he submitted charge-sheet.

(3.) All the accused persons pleaded innocence.