ABHRA @ CHHUTU MURMU Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 24.09.2009 passed by the learned Additional Sessions Judge, Rairangpur in S.T. Case No. 10/55 of 1999 convicting the Appellant for commission of offence under Section 302, I.P.C. and sentencing him to undergo imprisonment for life.

(2.) THE case of the prosecution is that on 28.10.1998 at about 8 A.M. the informant and his wife (deceased) went to their paddy field. Their daughter, Saradha Murmu went to cut paddy in the field of Kara Majhi. His son went to the School for reading and his mother, Salma Murmu, went to the field by taking the bullocks. The informant was bundling the paddy on his land and the deceased was carrying the paddy bundles to their house. At about 12 noon while the deceased was carrying paddy bundles, suddenly the accused -Appellant dealt knife blows on her belly. As a result, she sustained bleeding injuries and raised hullah by saying "DOUDI ASO ABHRA CHAKHU BHUSI DEICHHI". Hearing hullah, the informant came to the spot and found the deceased lying on the road in front of his house. On his query, the deceased told him that the accused -Appellant had assaulted on her belly and fled away towards the jungle. No male person was present in the village. So, he called the wife of Fadu to the spot. The deceased also told her that the Appellant had dealt knife blows on her belly. She was shifted to Jharadihi P.H.C. and the doctor referred the injured to the Rairangpur Govt. Hospital for treatment. On the way, the deceased succumbed to injury. The matter was reported to the A.S.I., Jharadihi Out -Post who sent the report to the O.I.C. Tiring Police Station for registration. The said A.S.I, investigated into the case and ultimately filed charge -sheet against the Appellant for commission of offence under Section 302 I.P.C.

(3.) THE prosecution, in order to prove the charge, examined as many as fifteen witnesses. P.W.1 is the informant, P.Ws. 2, 3 and 4 are seizure witnesses, P.W.5 is the brother of the deceased as well as the witness to the dying declaration. P.W.6 is the son of the deceased and a witness to the dying declaration P. Ws, 7 and 9 are the brothers of the deceased. P.W.8 is the brother -in -law of the deceased. Both P.Ws. 8 and 9 are also witnesses to the dying declaration. P.W.10 is a constable of Jharadihi P.S. P.W.11 is the doctor, who collected sample of nail scrapping, hand wash and gudge piece of cloth soaked with blood from the left ring finger of the Appellant. P.W.12 is the doctor who initially treated the deceased and advised to shift the deceased to Rairangpur Govt. Hospital. P.W.13 is the doctor who conducted autopsy. P.Ws. 14 and 15 are the I. Os. The defence has examined two witnesses on its behalf.