CHANDRA SEKHAR BAHALIA Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this appeal, the appellant-Chandra Sekhar Bahalia @ Baja has assailed his conviction U/s. 302 of Indian Penal Code (hereinafter referred to as "I.P.C." for brevity) and sentence to undergo life imprisonment and fine of Rs.10,000/- in default to undergo rigorous imprisonment for three years passed by the Addl. Sessions Judge, Kendrapara vide judgment dated 24.06.1998 in S.T. Case No.20/190/1997.

(2.) Tersely put, the appellant was tried for filicide of his deceased-son, Debasis, while sleeping in the bedroom with his wife- P.W.6, daughter-P.W.7 and two sons (deceased-Debasis and Snehasis) on 13.02.1997 at about 11 P.M. night in his native at Kesharpur. As per accusation, the accused stabbed his three children and wife by means of knife-M.O.I (vegetable cutter), as a result of which his wife and children suffered injuries. Deceased-Debasis succumbed to cut injuries on his neck. The wife-P.W.6 could not resist. She yelled.

(3.) The situational facts, as evidenced and not disputed, reveal that the scene of crime was the bedroom where the accused and his wife (P.W.6), three children including deceased and P.W.7 were sleeping on a cot after taking supper on 13.02.1997. Informant-P.W.4 and neighbours (P.W.2. P.W.3 and P.W.5) approached the spot soon after incident and saw the wife and children with bleeding injuries. P.W.2-Karunakar Bahalia, auto-rickshaw driver shifted the injured to hospital. Doctor treated injured wife-P.W.6, children namely Debasmita-P.W.7, and deceased son-Debasis Bahalia. But the deceased was found dead.