DHANA JANI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant Dhana Jani faced trial in the Court of learned Addl. Sessions Judge, Koraput in Criminal Trial No.223 of 2013 for the offence punishable under section 302 of the Indian Penal Code for committing murder of Braja Paraja (hereafter 'the deceased') on 09.09.2013 in village Nariaguda under Koraput Sadar Police Station.

(2.) The prosecution case, as per the first information report lodged by Bhakta Paraja (P.W.1), who is the brother of the deceased, before the Inspector-in-charge, Koraput Sadar Police Station is that on 09.09.2013 at about 12.15 p.m. the deceased Braja Paraja was sitting on the verandah of his sister Lilabati Kirsani (P.W.10) and the informant (P.W.1) was in his house. At that time, the appellant was found chasing his wife holding a tangia to assault but the latter managed to escape from the spot. On seeing such incident, the deceased asked the appellant as to why he was chasing his wife. On this, the appellant being enraged, abused the deceased in filthy language and challenged him for interfering and suddenly assaulted the deceased by means of the tangia on his neck. Due to such assault, the deceased died at the spot. The appellant was captured by the villagers and on being confronted, he confessed his guilt and told that on being infuriated, he killed the deceased. As per the F.I.R., the said incident was seen by Daimati Paraja (P.W.9), Lilabati Kirsani (P.W.10), Bhima Muduli (P.W.11), Tulasa Muduli and others.

(3.) The Inspector-in-charge of Koraput Sadar Police Station on receipt of the written report from P.W.1 registered Koraput Sadar P.S. Case No.61 of 2013 under section 302 of the Indian Penal Code and directed Smt. Pramila Suna (P.W.14), Sub-Inspector of Police to investigate into the matter. During course of investigation, P.W.14 examined the informant, recorded the statements of the witnesses, visited the spot and prepared spot map (Ext.10), conducted inquest over the dead body and prepared inquest report (Ext.1) and dispatched the dead body for post mortem examination to District Headquarters Hospital, Koraput, seized blood stained earth and sample earth from the spot and prepared seizure list (Ext.5), seized one plastic rope under seizure list (Ext.3). The appellant was arrested on 09.09.2013 and he confessed his guilt and after his statement was recorded under section 27 of the Evidence Act, he led the police party and other witnesses to the place of concealment of the weapon of offence and accordingly, the axe (M.O.V) containing human blood was seized under seizure list (Ext.2). The wearing banian shirt of the appellant stained with blood was seized vide seizure list (Ext.4) and the wearing apparels of the deceased were seized vide seizure list (Ext.8). The material objects were sent to the R.F.S.L., Berhampur for chemical analysis and after receipt of the post mortem report and on completion of investigation, charge sheet was submitted on 11.11.2013 under section 302 of the Indian Penal Code against the appellant.