UCHAB DEHURY ALIAS UCHOI Vs. THE STATE

JUDGEMENT

(1.) THIS is an appeal from the judgment of the Sessions Judge of Cuttack, convicting the Appellant under Section 302 I.P.C. and sentencing him to transportation for life, for having murdered a co villager of his named, Timma, alias Madhusudan Singh in his village Panchakahania.

(2.) THE deceased was a young Rajput, aged about 25 years, of that village and was in affluent circumstances. The Appellant who is an aboriginal aged 30 years was formerly working as a servant of the deceased but had left his service some years ago. The Appellant's wife Jema Dei (P.W. 9) a young woman aged about 23 years -had also formerly worked as a maid -servant in the house of the deceased.

(3.) THE crime was reported at Dhenkanal P.S. 12 miles away at 6.45 A.M. and the investigation was taken up by the Section J. of Police Sri Sarat Chandra Das (P.W. 20). After the usual inquest the corpse of Timma was sent to the Assistant Surgeon of Dhenkanal Hospital (P.W. 12) for post mortem examination. He found that the left leg was almost completely severed from the body by a sharp cutting instrument, that there was an incised wound on the calf muscle of the right leg and also another incised wound in the right iliac region in consequence of which the right intestines came out. The peritoneum, the stomach and the small intestines had also incised injuries. Death was due to shock and hemorrhage, resulting from the aforesaid injuries especially the injury in the right iliac region which was sufficient by itself to cause death. That injury was caused by a sharp cutting instrument like a Katari. The medical evidence thus leaves no room for doubt that the assailant of the deceased attached him in a frenzy of hatred, with the intention of killing him.