BIBHISAN SARAMADIA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellants having been convicted for commission of offence under Section 302/34, I. P. C. and sentenced to imprisonment for life by the additional Sessions Judge, Bolangir in S. C. Case No. 29/17 of 1997 have preferred this appeal.

(2.) THE case of the prosecution is that on 29-7-1996 the deceased had gone to Duhel in connection with her health programme at the Duhel School. The informant (PW 15)had carried the deceased by a cycle. At about 2. 00 p. m. , while both of them were returning from Duhel, appellant Bibhisan saramadia being armed with a Bhujali restrained them near a Chhak on Duhel Kutenpali road. When both got down from the cycle, appellant Bibhisen dealt blows on the neck of the deceased by means of a bhujali. At that time, appellant No. 2, tikechan Saramadia suddenly rushed towards the informant from his back side holding a talwar and dealt a blow aiming at his head. In order to ward off the blow, the informant caught hold of the sword, as a result of which, he received a cut bleeding injury on his right palm. Thereafter, out of fear, against Judgment and Order of B. K. Nayak, Addl. Sessions Judge, Bolangir, d/- 24-6-1998. the informant (PW 15) ran way from the spot and saw from a little distance that both the appellants assaulted the deceased indiscriminately by bhujali and talwar causing her death on the spot. Thereafter, F. I. R. was lodged at the police station. On completion of investigation, charge sheet was filed against the appellants under Section 302/ 34, I. P. C.

(3.) THE plea of the defence is complete denial of the allegation. From the manner of cross-examination of P. Ws. 2 and 15, it is revealed that the defence has tried to take the further plea that it was the informant who caused murder of the deceased with the aid and assistance of P. Ws. 2 and 3.