BANAMALI JANI Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this case the convict, Banamali Jani, assails his conviction under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as the I.P.C. for brevity) and sentence of imprisonment for life passed by the learned Addl. Sessions Judge, Nabarangpur as per judgment dated 20.8.2004 in S.C. No.12/2001.

(2.) Bereft of all unnecessary details, the case of the prosecution is that in the morning of 19.3.2001 Punei, the wife of P.W.1 along with her cousin Ashai were near a tank for fishing. The accused picked up quarrel with them and gave blows to both the ladies with the help of an exe. The informant- P.W.1 and others, who were working at a distant place, receiving information about the quarrel, rushed to the spot and found Punei lying dead and the accused was giving blows to Ashai. They asked the accused not go give blows, but the accused threatened them raising axe for which the witnesses receded. Then the accused fled away from the spot and it was found that both the ladies were dead. The matter was reported to the I.I.C., Nabarangpur Police Station, who registered Nabarangpur P.S. Case No.26/2001 for offence under Section 302 of the I.P.C. and took up investigation. In course of investigation, necessary steps like conducting post mortem examination, seizure of material objects, arrest of accused etc. were taken by the Investigating Officer, P.W.11. After completion of investigation, finding a prima facie case, he submitted charge sheet against the accused under Section 302 of the I.P.C.

(3.) The plea of the accused is of complete denial. Additionally, they have made a feeble attempt by giving suggestion that the accused was insane at that time, but no material has been placed before the court to show that the accused was insane at that time.