SIU MANDINGA Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this appeal, the sole convict assails the judgment of conviction and order of sentence dated 18.05.2010 passed by the Addl. Sessions Judge (F.T.C.), Jeypore. He has been convicted under Section 302 of IPC and has been sentenced to undergo imprisonment for life and to pay fine of Rs.2000/- in default on payment of fine to undergo further imprisonment for a period of six months.

(2.) Case of the prosecution is that the complainant Syama Kulsika of village Khalkona under Laxmipur under Laxmipur p.S. submitted a written report on 19.04.2008 before the O.I.C. of Laxmipur P.S. to the effect that at about 9 A.M. in the morning on that date, he had gone to his village river to take a bath. Suddenly, he could hear the hallah of his wife, who was shouting that accused Siu Mandinga hacked her elder son Debendra Kulsika by means of an axe. The complainant, hearing the hallah of his wife, rushed to the spot and found that his son Debendra was lying dead in a pool of blood on a cement floor in front of the house of his co-villager Syama Nachika. On his verification, the complainant found that his deceased son had sustained a deep sharp cutting wound on his right cheek. When he enquired from his wife Malati Kulsika, she told him that at about 9 a.m. while she was roaming around on the village road by carrying her younger son and the deceased was playing there in front of the house of Syama Nachika, suddenly Siu Mandinga being armed with an axe in his hand came there and dealt a blow to the right cheek of the deceased, as a result the deceased fell to the ground at the spot. According to the complainant the incident has been witnessed by his wife, the daughter of Syama Nachika-Chanchala Wadeka and his elder sister-in-law (Dedasasu) Mindu Mandinga. The complainant alleged that as soon as he reached at the spot, he saw the accused running away from the spot along with his axe towards Gahangakandha donger. The complainant and his co-villagers chased the miscreants, but could not catch hold of him and the miscreant managed to escape. The complainant disclosed that due to previous enmity the accused killed his son.

(3.) The Officer-in-charge registered P.S. Case No.22/08 and took up investigation himself. After completion of the investigation, the I.O. submitted charge-sheet against the accused.