PARAMANANDA PATRA Vs. STATE

JUDGEMENT

(1.) THE appellant has been convicted under Section 302 I. P. C. and sentenced to imprisonment for life. He has also been convicted under Section 333, I. P. C. and sentenced to E. I. for 2 years. The sentences are to run concurrently.

(2.) THE prosecution case may be stated in short. On 9-2-66 at about 11 A. M. the deceased was going in the company of his father (P. W. 11) to the Zilla Parishad office at Bhawanipatna to file an application for the post of a teacher. While they were going on the jail road, the father suggested that they should have Darshan of the Goddess Kali before filing the application. They proceeded towards the Kali temple which was at a distance of about 1. 1/2 furlongs from the jail road towards the north. The temple is situate on a hillock. The deceased was going ahead and P. W. 11 was behind at a distance of 30 to 40 cubits. When the deceased reached the gate of the temple, the accused suddenly came out with an axe in his hand and gave a blow on the former's neck. When the deceased fell down, he gave further blows and severed the head from the trunk. He placed the head near the doors of the temple which were closed. Being challenged by P. W. 11, the accused chased him with the blood stained Tangi. He ran on the road brandishing his weapon and shouting "victory to Kali" and "dustaku Marenga, Santhaku Palenga". He wanted to attack whoever carne on his way and caused injuries to a woman named Mithila and Reserve Inspector of. Police (P. W. 14 ). He became violent and could not be caught hold of. He fell down while he was running and was caught hold of. The accused denied the charge and also took the plea of insanity. The learned Sessions judge, on a thorough analysis of the materials on record, came to the conclusion that the death of the deceased was homicidal, that the accused killed the deceased, and that the plea of insanity was untenable.

(3.) THE findings that the death was homicidal and that the accused killed the deceased are not rightly assailed before us. The body was severed from the head. P. W. 11 himself saw the accused killing the deceased. P. Ws. 12 and 13 are also eye-witnesses. It is therefore not necessary to discuss the evidence in detail.