BIRANCHI NARAYAN SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment and order dated 30.04.1996 passed by the learned 2nd Additional Sessions Judge, Bhubaneswar in ST. No. 7/29 of 1996 convicting the Appellant under Sections 302/323 I.P.C. and sentencing him to undergo rigorous imprisonment for life.

(2.) THIS is a case of patricide. Sans unnecessary details, the prosecution allegation is that the Appellant is the natural born son of the deceased. He had been adopted by his maternal grandparents and was residing with them at village Nuapatna whereas the deceased was residing in his own house at Lewis Road, Bhubaneswar along with other family members. Ground floor of his house was let out to different tenants including P. Ws.1, 6 and 9. The Appellant was frequently demanding money, gold and property from the deceased and was quarrelling with him. On 15.08.1995 at 10.00 AM, the Appellant had come near the room where P.W.6 Nabaghana was staying on rent. At about 2.30 PM he again came and created some disturbance searching for Nabaghana, but at the intervention of P.W.1 and his brothers, the Appellant went back. At about 3.00 PM on the same day, the Appellant once again came to the residence of the deceased in the first floor holding a bhujali. Seeing the bhujali, the younger daughter of the deceased (P.W.8) tried to prevent him, but the Appellant gave a slap and brandished the bhujali causing injury on her hand. The deceased, his elder brother P.W.10, wife P.W.12 and elder daughter P.W.11 intervened, but the Appellant saying to commit murder stabbed on the abdomen of the deceased causing serious bleeding injury. The Appellant pulled the bhujali from the abdomen of the deceased, as a result of which his intestine came out through the wound. The Appellant was overpowered with the help of other persons who arrived there. On the basis of information (Ext.4) lodged by the injured P.W.8 although the case was initially registered for attempt to commit murder, it was turned to Section 302 IPC as the deceased succumbed to the injury on the same day. The police sprang into action and after conclusion of investigation filed charge -sheet against the Appellant.

(3.) IN order to prove its case, prosecution examined as many as twenty witnesses and exhibited thirty -three documents. The defence examined one witness.