HIRADHAR @ HIRA KISAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 24.04.2004 passed by the learned Ad hoc Addl. Sessions Judge, Sundargarh in S.T. No.204/76 of 2003 convicting the appellant under Section 302, IPC and sentencing him to undergo rigorous imprisonment for life.

(2.) THE prosecution case in brief is that the deceased was a mason and the sister of the accused -appellant was working as a Reja (female coolie) under him. The deceased had illicit relationship with her. On 20.01.2003 evening, the deceased was found missing from his house, for which on 22.01.2003 information was given at the police station by the informant (P.W.1), who happens to be the brother of the deceased. On 23.01.2003, P.W.2 came to the informant and informed that last Monday at about 10 P.M. the accused -appellant came to his house and called him to search for his sister. While searching, both of them saw his sister coming from the side of a nearby well. The deceased was following her. Seeing them, the accused -appellant chased the deceased holding an axe and the deceased ran away. P.W.2, out of fear, returned to his house, but he heard some sound from the side of the brick kiln. On 21.01.2003, accused -appellant came to his house and made an extra judicial confession stating that on the previous night he had killed the deceased by means of an axe and concealed the dead body with the help of his father. P.W.1 orally reported the matter to police, which was reduced to writing. The I.O. took up investigation and on completion of the same filed charge sheet against three accused persons including the present appellant.

(3.) IN order to prove its case, prosecution examined as many as nine witnesses including the doctor and the I.O. and exhibited 24 documents. Defence examined none.